FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TRINITY COLLEGE DUBLIN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. An appeal of a Rights Commissioner's Recommendation r-130428-ir-13.
BACKGROUND:
2. This dispute concerns the Workers' claim that she was unfairly disciplined. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 31st July, 2013 the Rights Commissioner issued the following Recommendation:-
- "I find against the claim that the Formal Written Warning be overturned and removed from the [Worker's] record.
On the 4th 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 14th November, 2013.UNION'S ARGUMENTS:
3. 1.The Worker had genuine health and safety concerns.
2. Rather than address these concerns the Employer proceeded to discipline her.
3.The Worker was denied fair procedures and natural justice.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker was given a legitimate and reasonable request to carry out.
2. The Worker initially refused to carry out the request. Belatedly, however, she agreed to do so under protest pending the processing of her complaint through the grievance procedures.
3. The Employer acted reasonably in dealing with this matter.
DECISION:
Having considered the submissions of both parties to this dispute the court affirms the recommendation of the Rights Commissioner.
The Court decides accordingly.
Signed on behalf of the Labour Court
Brendan Hayes
CO'R______________________
11th December 2013Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Clodagh O'Reilly, Court Secretary.