FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TRINITY COLLEGE DUBLIN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Appeal of Recommendation of a Rights Commissioner R-065951-Ir-08/Jt
BACKGROUND:
2. This case concerns an appeal by the Worker of Rights Commissioner R-065951-Ir-08/Jt. The issue concerns an employee of the Catering Department of Trinity College. The Worker is a Chargehand in the Catering Department and was issued a verbal warning by management after numerous complaints were received from
staff as to the manner in which she spoke to them while discussing their performance at work.
The dispute was referred to a Rights Commissioner for investigation. His Decision issued on the 8th January, 2009 and found that management had legitimate concerns about the Claimants style of managing staff and had acted within proper procedures in bringing those concerns to her attention. The Rights Commissioner did not find in favour of the Worker.
On 21st January, 2009 the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 12th March, 2009.
UNION'S ARGUMENTS:
3. 1 The Worker has been employed in the Catering sector for many years. There have never been any difficulties in relation to her management style in the past.
2 As the Chargehand in the Catering Department, it was vital that the worker informed staff of health and safety concerns within her area of responsibility. It is denied that the worker used an offensive management style in dealing with the staff.
3 Management failed to act on the health and safety concerns raised by the Worker and also took into account uncorroborated complaints made against the Worker.
COMPANY'S ARGUMENTS:
4 1 Managment received numerous complaints as to how the Worker dealt with staff under her supervision.
2 Management had witnessed the behaviour of the Worker towards staff on previous occassions and had made attempts to raise their concerns to her informally.
3 Management took a lenient approach in issuing the verbal warning. It could have chosen a greater sanction but chose not to do so.
DECISION:
Having considered the submissions of the parties, the Court upholds the Recommendation of the Rights Commissioner and dismisses the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
23rd March 2009-______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.