FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 6(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001 PARTIES : SAM HIRE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Request by a Trade Union or Excepted Body for a Determination in relation to Labour Court Recommendation No. LCR17472
BACKGROUND:
2. A Labour Court hearing was held on Thursday the 4th September, 2003 in relation to Sam Hire and SIPTU. An application was sought for a Determination Pursuant to Section 6 (1) Industrial Relations (Amendment) Act, 2001. The Court proposed the following wording in clarifying the meaning of the termemployee representativeas used in the company's disciplinary procedure.
DETERMINATION:
" The company's disciplinary and grievance procedure, which is contained in the Employee Handbook, provides that an employee can be accompanied by anemployee representative. This term means a work colleague or a trade union official. Therefore, in disciplinary proceedings or in processing a grievance through the grievance procedure, you can be accompanied by either a colleague or a trade union official should you so wish."
Signed on behalf of the Labour Court
Kevin Duffy
8th September, 2003______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Larry Wisely, Court Secretary.