FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : G BRUSS GMBH (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation r-083779-ir-09/EOS.
BACKGROUND:
2. This dispute relates to disciplinary action taken against the Worker arising from an incident in which the Worker was injured as a result of using a defective brush. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 16th June, 2010 the Rights Commissioner issued the following Recommendation:-
- “In all of the circumstances, I find that the disciplinary action of both a written warning and the loss of a week's pay to be excessively harsh and I recommend that the claimant be restored the week's pay in full and final settlement of this dispute”.
- “In all of the circumstances, I find that the disciplinary action of both a written warning and the loss of a week's pay to be excessively harsh and I recommend that the claimant be restored the week's pay in full and final settlement of this dispute”.
3. 1.The Worker was never instructed not to use the broken brush.
2.It was common practice to continue using brushes after they had been broken.
3.The Company failed to identify or deal with this risk to Health and Safety.
COMPANY'S ARGUMENTS:
4. 1. The Worker was given a specific instruction not to use the broken bush.
2. The Worker ignored this instruction and was injured.
3. The Worker's injury was avoidable and was caused by his own negligence.
DECISION:
Having considered the submissions of both parties and the evidence presented to it in the course of the hearing of the case the Court rejects the appeal and upholds the Rights Commissioner's Recommendation.
Signed on behalf of the Labour Court
Brendan Hayes
16th June, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.