FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DONEGAL MEAT PROCESSORS T/A FOYLE DONEGAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal Of Rights Commissioner's Recommendation r-140524-ir-13/EOS.
BACKGROUND:
2. This dispute arose from the issuing of a final written warning to the Worker. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 22nd April, 2014 the Rights Commissioner issued the following Recommendation:-
- "I am recommending in full and final settlement of the dispute that the sanction be reduced to a written warning."
On the 16th May, 2014 the Company appealed the Rights Commissioner's 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, 2014.
3. 1. The Worker fully understands the Attendance and Timekeeping Policy.
2.The Worker has at all times acted in accordance with this policy.
3.The Rights Commissioner's recommendation was fair and equitable.
COMPANY'S ARGUMENTS:
4. 1.The Company's Attendance and Timekeeping Policy was agreed with the Union.
2.The Worker has, on two separate occasions and in contravention of this policy, failed to phone the Employer the day before returning to work.
3.The issuing of a Final Written Warning was appropriate and proportionate in the circumstances.
DECISION:
The matter before the Court concerns an appeal by the employer against the Rights Commissioner’s Recommendation where the Rights Commissioner recommended that the final written warning issued to the Claimant should be reduced to a written warning. The warning was given to the Claimant due to his non-compliance with the Company’s Sick Pay Scheme.
Having considered the written and oral submissions of both parties the Court concurs with the findings and recommendation of the Rights Commissioner and accordingly rejects the employer’s appeal.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th October, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.