FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ROADSTONE WOODS LIMITED - 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 Recommendation No: r-121931-ir-12/JT
BACKGROUND:
2. This case concerns an appeal by the Union of Rights Commissioner's Recommendation No: r-121931-ir-12/JT. The issue concerns a worker who received a written warning and was suspended for a breach of Company's Health and Safety Procedures. The Union contends that the sanction was excessive given that the worker was carrying out the task as it had always been done over a number of years. Management's position is that the worker had attended the appropriate Health and Safety training and was in clear breach of procedures.
The matter was referred to a Rights Commissioner for investigation. His Recommendation issued on the 25th October 2012 and found that Management had no option but to discipline the worker for the breach of procedures. He did not find in favour of the worker's claim.
UNION'S ARGUMENT:
3 1 The worker carried out the task in line with practices which had developed over time and were put in place by previous management at the plant. The sanction imposed of the worker was excessive and should be rescinded.
COMPANY'S ARGUMENT:
4 1 The worker was no longer permitted to carry out the task in the way it had previously been done. He had attended the appropriate training on how to carry out the task in compliance with Company Health and Safety procedures but failed to follow the guidelines. The Company had no option but to impose a disciplinary sanction as a result.
RECOMMENDATION:
- The appeal before the Court made by the Union on behalf of a worker concerns a disciplinary sanction of two weeks unpaid suspension plus a written warning for breach of Company safety procedures. The Rights Commissioner found against his appeal of the sanction imposed.
The Union argued that the Appellant had followed a prevailing practice, in place for a number of years, when he was clearing a blocked bin over a hopper. The Company stated that he had breached electrical isolation procedures when he stepped into the bin while the conveyor belt was in operation.
Having carefully considered the submissions of both sides the Court is satisfied that the worker’s failure to observe electrical isolation procedures in these circumstances was in breach of its safety procedures. This was particularly so when the Appellant had attended a safety training course on this very point only two weeks previously. In such circumstances, the Court does not uphold the appeal to overturn the disciplinary sanction imposed.
The Rights Commissioner’s Recommendation is upheld and the appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th March 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.