FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST JAMES'S HOSPITAL (REPRESENTED BY A & L GOODBODY SOLICITORS) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Matters arising from LCR 20488.
BACKGROUND:
2. The dispute was referred to the Labour Court on the 4th November, 2013 in accordance with Section 20(2) of the Industrial Relations Act, 1969 and both parties agreed to be bound by the Recommendation.
A Labour Court hearing took place on the 4th November, 2013.
UNION'S ARGUMENTS:
3. 1. The Workers were concerned that access to electrical panels by unauthorised personnel posed a risk to both themselves and to staff working on electrical circuits within the Hospital
2. There was a longstanding practice of placing locks on electrical panels in order to make them secure and protect them from unauthorised interference. The placing of locks in this case was not different in character to any of those earlier occasions. When management objected to the placing of the locks the Workers involved set about removing them within the timescale originally conveyed to them.
3. The procedures adopted by the Employer in this case were flawed and unfair. Any penalty that resulted from those proceedings cannot be justified and should be reversed by the Court.
COMPANY'S ARGUMENTS:
4. 1. The placing of locks in this case was done without permission, was an unsafe practice and posed a serious risk to patients, staff and to property.
2. The Workers involved acted collectively in both placing the locks and in refusing to remove them in a timely fashion when instructed to do so. Such insubordination cannot be tolerated or condoned.
3. The procedures adopted by the Hospital were in line with normal practice and the penalties imposed were appropriate and proportionate and should be upheld by the Court.
RECOMMENDATION:
Having considered the submissions of both sides in this dispute the Court recommends that they each acknowledge the long standing industrial relations principle that matters relating to safety and health at work require strict enforcement and total compliance by all parties.
In that context and in all the circumstances of this case, the Court finds that any sanctions proposed should be proportionate to the gravity of the offences committed and the manner in which they were dealt with by Management in this case.
Accordingly, the Court finds that the seven members of staff involved in this case be given Stage 2 Written Warnings with effect from March 29th 2013.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
26th November, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.