FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SMITHKLINE BEECHAM (CORK) LIMITED TRADING AS GLAXOSMITHKLINE - AND - A WORKER SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Disciplinary procedures.
BACKGROUND:
2. The Union referred the issue to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the11thSeptember, 2014. The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3 1The Worker has been employed since 2000 and has no previous record of harassment or inappropriate behaviour.
2 The Worker wants the disciplinary sanction removed from his record and his good name restored.
3 The evidence does not support the allegation that the Worker displayed behaviour which could reasonably be regarded as offensive, humiliating or intimidating.
MANAGEMENT'S ARGUMENTS:
4 1It is the Company's position that it has acted in a reasonable and very fair fashion in the conduct of the investigation and the sanction applied.
2 Following a fair process to investigate the complaint made, it was deemed that the Worker's actions and behaviour were not appropriate for the workplace.
3. The verbal warning letter has now expired and is no longer on the Worker's file.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the Union has made out a reasonable case for a review of the investigation into this dispute. However, at this point such a review would serve no practical purpose as the verbal warning has expired and is no longer on the Complainant’s record.
Accordingly, the Court recommends that, without making any finding on the substantive issue, the verbal warning should be set aside and both sides should put the matter behind them and move forward and restore the good working relationship that existed heretofore.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CO'R______________________
22nd September, 2014Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.