FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KEELINGS SOFT FRUIT FARM (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Loss of Earnings & Seniority
BACKGROUND:
2. This case concerns a dispute between the Company and the Union in relation to loss of earnings on return from annual leave and the application of the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000). The Union referred the matter to the Labour Court on 14th June 2013 in accordance with Section 20(1) of the Industrial Relations Act, 1969. Labour Court hearings took place on the 22nd November 2013. The Company did not attend the hearing and was not represented. The following is the Court's Recommendation:
RECOMMENDATION:
The Court notes that the employer declined to attend the hearing of this case and it further notes the reasons which it gave for so doing.
Having considered the uncontested submissions of the Union the recommends as follows: -
Return to Work in 2013
This aspect of the Union’s claim relates to the decision of the Company not to allow the Claimant return to work after the expiry of her annual leave on 11thJanuary. The Court was told that on all previous occasions on which the Claimant took leave she resumed her employment on the expiry of the leave.
On the uncontested submissions of the Union the Court accepts that the Company departed from its established procedure in this instance and that it did so unfairly.
Code of Practice on Grievance and Disciplinary Procedures S.I. 146/2000
The Union told the Court that the Company refused to allow the Claimant to be represented by SIPTU in processing a grievance under its internal grievance procedure. The Union contends that the position taken by the Company in that regard contravened S.I.146/2000. It sought a recommendation that the Company should in future adhere to the Code of Practice in respect of the Claimant.
The Court recommends that the worker (Ms P) be paid compensation in the amount of €2,000 in respect of her loss of earnings up to8thApril 2013.
The Court further recommends that in processing grievances in future the Claimant be afforded representation by her trade union in accordance with the Code of Practice on Grievance and Disciplinary procedures, S.I.146/2000.
Signed on behalf of the Labour Court
Kevin Duffy
20th December 2013______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.