FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SILVER STREAM HEALTHCARE GROUP - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. An appeal of a Rights Commissioner Recommendation r-141457-ir-14/EH.
BACKGROUND:
2. The Claimant is seeking to have a final written warning removed from her file.
- The Employer said the Claimant was not in her allocated work area and as a consequence there was potential risk to residents. A final written warning was given following an investigation and appeal.
- This matter was referred to a Rights Commissioner for investigation and Recommendation. On the 3rd September 2014 the Rights Commissioner issued the following Recommendation:-
- I recommend that the sanction issued of the final written warning for 12 months and placing on day duty was fair, correct and appropriate given the circumstances.
I recommend that this claim should fail.
- I recommend that the sanction issued of the final written warning for 12 months and placing on day duty was fair, correct and appropriate given the circumstances.
A Labour Court hearing took place on the 26th November 2014.
WORKER’S ARGUMENTS:
3. 1. There were shortfalls in the investigative procedure adopted by the employer.
2. The Claimant was instructed by her Supervisor as to when and where to take her break.
3. No sanction was warranted against the Claimant.
EMPLOYER’S ARGUMENTS:
4. 1. The Claimant was not in the area allocated to her on the duty roster which could have had implications for the residents under her care.
2. The Claimant's rights with regard to fair procedures were met.
3. Given the possible risk to residents the warning given was proportionate to the misconduct.
DECISION:
This is an appeal by the Union on behalf of an employee against a Rights Commissioner’s Recommendation which found against her claim appealing a final written warning issued against her. The Rights Commissioner in a comprehensive decision, held that on the balance of probability there was sufficient evidence to issue the warning in dispute and found that the matter was primarily procedurally fair.
Having considered the oral and written submission of both parties the Court concurs with the findings and Recommendation of the Rights Commissioner. Therefore the appeal fails.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
28th November, 2014.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.