FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PARK RITE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SIPTU DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Rescind warning.
BACKGROUND:
2. This dispute concerns the issuing of a final written warning to the Worker. The Worker referred this case to the Labour Court on 16th June, 2014, 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 29th July, 2014.
UNION'S ARGUMENTS:
3. 1. The Worker was denied his natural justice right to representation of his choice.
2. The Company denied the Worker the opportunity to question his accuser and ignored crucial evidence.
3.The Company violated its own grievance and disciplinary procedures.
COMPANY'S ARGUMENTS:
4. 1. Very serious allegations were made against the Worker.
2. These allegations were thoroughly investigated in full accordance with fair procedures and internal disciplinary procedures.
- 3. The sanction imposed on the Worker was reasonable and proportionate.
RECOMMENDATION:
Two issues arose in this case, the procedures in place and the manner in which the Company applied them to the Complainant on the one hand and the gravity of the substantive matter on the other.
In relation to the first issue the Court finds that the Company’s procedures are not fully in line with S.I. 146/2000. The Court further finds that the manner in which the Company applied its procedures in this case was somewhat deficient.
In relation to the second issue the Court notes that the Claimant’s behaviour towards his supervisor was unacceptable and warranted a disciplinary sanction.
Taking all matters into account the Court finds that the final written warning issued to the Claimant was proportionate and should stand but should expire on the date of this recommendation.
The Court further recommends that the Company bring its procedures into line with S.I. 146/2000 and thereafter that it review and improve the administration of its procedures. The Court so recommends
Signed on behalf of the Labour Court
Brendan Hayes
11th September, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.