FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NEW IRELAND ASSURANCE PLC - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Disciplinary Sanctions.
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to a final written warning imposed as a result of an alleged breach of Company Security guidelines. The Company contends that the worker breached Company policy in relation to the storage of Company computer equipment after leaving his Laptop under his car seat instead of locked in the boot. The Union contends that the worker was aware of the policy but made a judgement call on the night in question resulting in the unfortunate theft of the Laptop. The Union is seeking a Recommendation that a final written warning was excessive and should not have been imposed.
The Union ( on behalf of the worker) referred the dispute to the Labour Court on the 9th January 2013 in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 18th April 2013.
UNION'S ARGUMENTS:
3. 1. The worker did not intentionally breach Company policy. If he had removed the laptop from the car to be placed in the boot on the night in question, it would have alerted those nearby that there was a laptop in the car, possibly leading to the theft of the laptop. Unfortunately the car was broken into and the laptop was stolen.
2. The sanction of a final written warning, for the unintentional breach of the policy, was excessive and should never have been imposed.
EMPLOYER'S ARGUMENTS:
4. 1. The Company followed its procedures at all times. The sanction was appropriate as the worker had breached Company policy when he should have taken more care with Company equipment. He was aware of the Company Security policy but chose not to follow it resulting in the theft of Company equipment.
2. The sanction has now been removed form the workers file and expunged from the employment record. In the circumstances there is nothing further that the Company can do.
RECOMMENDATION:
The Court notes that the disciplinary sanction at issue in this case has now expired and cannot be relied upon for any purpose in the future.
Having regard to this and all other considerations surrounding the case the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
30th April, 2013.______________________
AH.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.