FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE SPORTING EMPORIUM - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Disciplinary sanction.
BACKGROUND:
2. This dispute concerns the Worker's claim that he was unfairly disciplined following an incident with a customer. The Worker referred this case to the Labour Court on 30th October, 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 28th January, 2013. The Employer was not present and was not represented at the hearing
UNION'S ARGUMENTS:
3. 1. The Company acted in breach of Statutory Instrument No. 146 of 2000 and its own internal disciplinary procedures.
2. The Company did not take into account the mitigating factors in this case.
RECOMMENDATION:
The Court finds it regrettable that the Employer declined to participate in the investigation of this dispute and did not avail of the opportunity to put forward its version of the events giving rise to the dispute.
On the uncontested submissions made on behalf of the Claimant the Court accepts that the investigation into the complaints against the Claimant was conducted without regard to the requirements of the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146/2000) and was on that account procedurally unfair.
In these circumstances the Court recommends that the sanction imposed by the employer be rescinded. Accordingly, the Claimant should be restored to the position that he originally held without loss of pay and that the final written warning be expunged.
In all the circumstances of the case the misconduct admitted by the Claimant could adequately be dealt with by the imposition of a firstwritten warning to remain live for 12 months in line with the Employer's own procedures.
Signed on behalf of the Labour Court
Kevin Duffy
7th February, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.