FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LADBROKE (IRELAND) LIMITED T/A LADBROKES (REPRESENTED BY MR JOHN HORGAN) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Various Issues
BACKGROUND:
2. This dispute concerns the Company's decision to demote and relocate the Worker to another store because she gave an unauthorised refund to an elderly customer.
The Union referred this case to the Labour Court on the 18th of September, 2008, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Union agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 19th of November, 2008.
UNION'S ARGUMENTS:
3. 1. It is accepted by the Company that there was no issue of dishonesty in the Worker's actions.
2. The Worker used her discretion to refund money to an elderly and sick customer who had no money to get home.
3.Given the Worker's long service with the Company, this issue should have been resolved through corrective action rather than punitive sanction.
COMPANY'S ARGUMENTS:
4. 1. Although the Worker, by failing to follow company procedures and falsifying Company records was guilty of gross misconduct, she was not dismissed due to her previous good service and the fact that her actions were not self-motivated.
2. The Worker accepts that she acted in contravention of Company procedures.
3.The Company has acted in a fair and reasonable manner in this matter.
RECOMMENDATION:
In the circumstances of this case the Court does not recommend any alteration in the disciplinary sanctions imposed by the employer. In reaching that position the Court notes the management’s stated position that the Claimant is likely to be appointed to a managerial post in the near future and that on being so appointed she will not suffer any diminution in her conditions of employment.
Signed on behalf of the Labour Court
Kevin Duffy
2nd December, 2008______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.