AD0880

FULL RECOMMENDATION

CD/08/362

APPEAL DECISIONNO.AD0880

(IR-56052-07/MR)

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

LIMERICK CITY COUNCIL

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman: Mr Duffy
Employer Member: Mr Murphy
Worker Member: Mr O'Neill

SUBJECT:
1. Appeal Of Rights Commissioner's Recommendation IR-56052-07/MR.

BACKGROUND:

2. This dispute arose when the Worker was disciplined by the Council for refusing to wear a high visibility vest with 'Banksman' written on the back of it because he had not been trained as a Banksman. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 29th April, 2008 the Rights Commissioner issued the following Recommendation:-

- “Accordingly, I recommend that [the Worker] and SIPTU should accept that this claim fails”.
The Worker was named in the Rights Commissioner's Recommendation. On the 9th June, 2008, the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.A Labour Court hearing took place on the 19th November, 2008, the earliest date suitable to the parties.

UNION'S ARGUMENTS
3. 1. TheWorker was not trained as a Banksman.

2. The Worker felt that by even wearing the Banksman's high visibility vest under protest he could still have been held responsible had an accident occurred.

3.The Worker was punished for raising legitimate health and safety concerns.

EMPLOYER'S ARGUMENTS:
4. 1. The Worker was fully trained to carry out the duties of roads Banksman.

2. The Worker did not pursue this matter through the Council's internal grievance procedure and his unilateral action resulted in the loss of two staff days and left a truck idle for a day.

3. The Council's limited sanction was both reasonable and proportionate in the circumstances.

DECISION:

The Court has carefully considered the submissions of the parties to this appeal

Having regard to all the circumstances of the case the Court is of the view that the conclusions of the Rights Commissioner are borne out by the facts of the case and the Recommendation is reasonable.

Accordingly the Recommendation is affirmed and the appeal is disallowed.

Signed on behalf of the Labour Court

Kevin Duffy
9th December, 2008______________________
JMcCChairman

NOTE

Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.