FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TRINITY COLLEGE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-130486-ir-13.
BACKGROUND:
2. This dispute concerns the issuing of a disciplinary sanction to the Worker. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 29th July, 2013 the Rights Commissioner issued the following Recommendation:-
- "I do not recommend that the verbal warnings be revoked."
On the 6th September, 2013 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 20th November, 2013.
3. 1. The Worker was not afforded natural justice and fair procedures.
2. The serious incident concerned was caused by the Employer's inaction.
3.It was the Worker's swift action that prevented a tragic accident from taking place.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker failed to identify a serious risk to the children in her care.
2. This matter was the subject of a disciplinary hearing which resulted in the minimum sanction of a verbal warning.
3. The Worker appealed this decision and the verbal warning was upheld.
DECISION:
This is an appeal by the Union on behalf of an employee against a Rights Commissioner’s Recommendation which found against her claim regarding the imposition of a disciplinary sanction which was effective for six-months from 14thSeptember 2012. The Union appealed the Recommendation and sought to have the sanction expunged from the Appellant’s personnel file.
Having considered the submissions of both parties the Court notes that the six-month lifetime of the verbal warning has expired and the College has confirmed that it has been expunged from the Appellant’s personnel file, as if it never issued. The College will now confirm this position in writing to the Appellant. Consequently, the Court is of the view that the matter is now closed.
In that respect the Court varies the Rights Commissioner’s Recommendation.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd December, 2013______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.