FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ANALOG DEVICES INTERNATIONAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner Recommendation No's r-141205-Ir-14/GC & r-141141-Ir-14/GC
BACKGROUND:
2. This is an appeal by the employer of Rights Commissioner Recommendation No's r-141205-Ir-14/GC & r-141141-Ir-14/GC. This issue concerns two workers who were sanctioned with a verbal warning for watching a DVD using Company Technology resources which the Company claim is in clear breach of Company procedures. The matter was referred to a Rights Commissioner for investigation. The Rights Commissioner recommendation issued on the 10th June 2014 and found that the issuing of the warning was harsh and that counselling would have been more appropriate. The Rights Commissioner recommended that the disciplinary sanction be rescinded.
On the 18th July 2014 the employer appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act,1969. A Labour Court hearing took place on 22nd October 2014.
UNION'S ARGUMENTS:
3 1 The workers were issued with a warning for using a vacant conference room while on official break. They had not known that the use of the room was in contravention of Company policy and the Shift supervisor had never previously raised any issues in relation to its use.
2 It was another staff member who used Company technology resources to watch the DVD. The workers in this case were in the room but not actively involved in any breachs of policy
3 It was the same supervisor who discovered the workers in the room, decided that an investigation was appropriate and then issued the sanction against the workers. It is contrary to the principles of natural justice and fair procedures that the same manager be involved in all stages of the disciplinary process.
COMPANY'S ARGUMENTS:
4 1 The workers were well aware and had been briefed on Company policy which clearly states that it is prohibited to use Company technology resources for personal use.
2 Management are aware that the workers in this case did not participate in setting up the DVD but they were aware that they were party to something that was in breach of company policy. This was reflected in the imposition of a written warning. The worker who set up the DVD received a more harsh disciplinary sanction of a written warning.
3 Management does not accept the Unions assertions that the matter was handled at variance with the principles or natural justice and fair procedures.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the verbal warnings issued to the claimants in this case were reasonable and proportionate.
The Court notes however that those warnings have now expired and are no longer of consequence for the workers involved.
In those circumstances the Court upholds as reasonable and proportionate the sanctions decided upon by the Company but decides that they should not at this point be retrospectively reinstated.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
14th November 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.