FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MARKS AND SPENCER (IRELAND) LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYER'S CONFEDERATION) - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Recommendation of a Rights Commissioner r-126607-ir-12/SR.
BACKGROUND:
2. The Worker was employed as a Section/Compliance Manager in the Clarion Quay Store and has worked for the Company for approximately seven years prior to his leaving in 2013. An incident occurred during June 2012 which resulted in a disciplinary hearing into allegations of irregularities and the Worker was given a Stage 3 sanction. The Union claims that the sanction imposed was too severe and that fair procedures were not carried out. Management says that the matter was fully investigated in accordance with its Disciplinary & Appeals Policy in force at that time and that the Worker was treated in a fair and reasonable manner in the light of the serious issues uncovered.
The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 6th March 2013, the Rights Commissioner issued his Recommendation as follows:-
"The Claimant's behaviour in this matter is a legitimate cause of concern. However, notwithstanding the foregoing, the failure to provide the Claimant and/or his Representatives with full witness statements gathered by the Employer and relied upon them in making the decision to discipline him when they were specifically requested by him represents a fundamental breach of fair procedures, natural justice and of the provisions of S.I.146 of 2000, which lays down minimum standards to be observed in disciplinary procedures. This is further worsened by the fact that there was a further refusal at the appeal stage to provide this information to the Claimant or his Representative. For this reason I find that the Claimant was denied fair procedures in this matter and, accordingly, I recommend that the disciplinary sanction applied to the Claimant be voided and expunged from the Claimant's record".
On the 9th April, 2013 the Employer appealed the Rights Commissioners Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969.
A Labour Court hearing took place on the 24th September, 2013.
UNION'S ARGUMENTS:
3. 1. The Worker was refused minutes of the investigation meeting, disciplinary hearing and full copies of witness statements which left him at a disadvantage.
2. The Employer therefore breached the principles and guidelines contained in S.I.146 of 2000.
3. The sanction was excessive and should be expunged from his file.
COMPANY'S ARGUMENTS:
4. 1. The Worker failed to perform his duties with due diligence and the discrepancies which were revealed could have had serious legal consequences for the Company.
2. The Company's Policy/Procedures were adhered to at all times during the investigation and the sanction levied was appropriate in all the circumstances.
3. The Company has agreed to supply full rather than summarised witness statements in all future disciplinary hearings.
DECISION:
The Court has carefully considered the submissions of both parties to this dispute.
The Court notes that the Company takes a very serious view of matters relating to the proper management of perishable food stocks within the Store. In that context the Court finds that Management dealt with the matter before the Court in a fair and reasonable manner.
The Court also notes that the Worker involved has left the Company's employment to pursue another career. Accordingly, the Court takes the view that it would serve no practical purpose to make any further alteration to the Rights Commissioner's Recommendation in this case.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
13th January, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.