FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : B BRAUN HOSPICARE LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-109641-ir-11/SR.
BACKGROUND:
2. This dispute arose from the Company's decision to issue the Worker with a verbal warning for having made 'malicious' complaints aginst a colleague. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 17th November, 2011 the Rights Commissioner issued the following Recommendation:-
- "Having reviewed all of the evidence presented ... I have concluded that the investigation was fundamentally flawed ... and accordingly I recommend that the sanction be overturned and the report and its findings stricken from the [Worker's] record."
On the 12th December, 2011 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 23rd May, 2012.
3. 1. The Company failed to investigate the allegations made by the Worker in a fair and transparent manner.
2.As the Company's investigation was seriously flawed, the resulting sanction was unwarranted and unsafe.
3.The Company's arbitrary assignation of malicious intent to the Worker.
COMPANY'S ARGUMENTS:
4. 1.The Company fully investigated the serious allegations made by the Worker and held it to be unfounded.
2.The Worker had previously made allegations against other colleagues which were held to be unfounded.
3.The Company's decision to issue the Worker with a verbal warning was proportionate.
DECISION:
This is an appeal by the Employer of a Rights Commissioner’s Recommendation which found that a verbal warning issued to the Claimant was inappropriate in the circumstances.
Having considered the submissions of both sides the Court is of the view that the matter, which gave rise to a formal grievance investigation, should have been resolved through informal approaches by management to both sides. The Court is of the view that the finding that the grievance raised by the Claimant was of a malicious nature was not reasonable in the circumstances.
Therefore the Court concurs with the findings and conclusions of the Rights Commissioner and upholds the Recommendation. The Employer’s appeal fails. In accordance with the Rights Commissioner’s Recommendation the Court decides that the Claimant should now be informed that the verbal warning has been overturned and the report with its findings should be stricken from the Claimant’s record.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th July, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.