FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WOMEN'S AID - AND - A WORKER (REPRESENTED BY THOMAS LOOMES & CO SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Handling of 2 Disciplinary & Grievance Procedures
BACKGROUND:
2. The issue before the Court concerns the disciplinary and grievance procedures of the Employer. The Worker concerned has been employed for almost twelve years with the Employer. It is submitted to the Court that she became a trade union representative approximately 4 or 5 years ago. It is the workers case that she was subject to two disciplinary proceedings, one of which took an inordinate amount of time and had an adverse effect on her health. The worker contends that the proper procedures were not adhered to by the Employer. The Employer's position is that internal disciplinary procedures were invoked on two separate occasions in respect of the Worker. The procedures were followed in full.
On the 9th May, 2011 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 8th September, 2011.The Worker agreed to be bound by the recommendation of the Court.
UNION'S ARGUMENTS:
3. 1 The Employer's disciplinary and grievance procedures were not fully adhered to.
COMPANY'S ARGUMENTS:
4. 1 The employer has a Grievance Policy and Procedure. At no time did the Worker raise any complaint or grievance through this policy or otherwise internally
RECOMMENDATION:
The Court recommends that the parties proceed as follows in seeking to resolve the issues forming the subject matter of this referral:-
- All outstanding issues affecting the Claimant in her employment should be processed through the internal procedures of the Organisation.
- This process should commence as soon as possible and should be completed within a period of not more than three months from the date of this Recommendation.
- The Claimant's trade union should be asked to assist it the Claimant in processing her grievances.
- The parties should consider the desirability of appointing an agreed facilitator to assist them in seeking a resolution of these issues
- The Claimant's medical fitness for work should be definitively ascertained.
Signed on behalf of the Labour Court
Kevin Duffy
16th September, 2011______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.