FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TRALEE TOWN COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal of a Recommendation of a Rights Commissioner R-075898-Ir-09/Rg
BACKGROUND:
2. The issue before the Court concerns the Appeal of a Rights Commissioner's Recommendation No. R-075898-IR-09/RG. The worker concerned worked in the refuse collection service for the Town Council. In December, 2007 a number of unused refuse tags were discovered in the cab of the vehicle operated by the worker. The worker was called to a meeting with supervisory staff. It is the Employer's position that no satisfactory explanation was given for the presence of the tags in the truck. Following a further meeting the worker was suspended with pay while the matter was investigated. The Union position is that the worker was not advised as to the actual particulars of his suspension and therefore not in a position to question fully the allegations made against him.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 21st October, 2009 the Rights Commissioner issued the following Recommendation:-
"I recommend the following in relation to (worker named):
His redeployment from the refuse service should continue
The final written warning should remain
His suspension without pay should be reduced from 2 months to 3 weeks
These recommendations to be implemented within six weeks of the date of this recommendation"
On the 27th November, 2009, the Worker 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 5th August, 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1 Access to the vehicle in question was not exclusive to the worker concerned. The key's were hung in the foreman's office. The CCTV was out of commission for a period in which the incident occurred.
2 There are conflicting accounts on the colour of the envelope that contained the bin tags.
3 There are serious questions over the accounts given regarding the finding of the envelope and access to the vehicle. The Union are seeking that the disciplinary sanctions would be removed and all financial loss of earnings would be repaid.
COMPANY'S ARGUMENTS:
4. 1 The Council fully investigated the incidents of December, 2007. It is satisfied on the basis of the evidence available to it and on the balance of probabilities the worker concerned is guilty of misconduct.
2 The sanctions against the worker were varied by the Rights Commissioner. The Council accepts this.
3 The Council is satisfied that sanction are warranted and appropriate in the circumstances of the case.
DECISION:
The Court is satisfied that the conclusion reached by the Town Council was supported by the facts as disclosed in the investigation. Moreover, the possibility of the tags having been placed in the truck by some unidentified third party is so remote that it could reasonably be discounted.
In all the circumstances of the case the court concurs with the conclusions reached by the Rights Commissioner. Accordingly the appeal is disallowed and the Recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
19th April, 2011______________________
DNChairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.