FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KELLOR SERVICES IRELAND LTD - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Disciplinary sanctions.
BACKGROUND:
2. This dispute concerns disciplinary sanctions imposed by the Company arising from the Worker's absence from work. The Worker referred this case to the Labour Court on 19th June, 2015, 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 15th October, 2015. The Company declined to attend the hearing.
UNION'S ARGUMENTS:
3. 1. The Worker had an unblemished disciplinary record prior to the birth of his son.
2. The Worker's son suffers from a very serious illness requiring urgent unscheduled medical attention.
3.In light of the above, the sanctions imposed on the Worker were disproportionate and unwarranted.
RECOMMENDATION:
The Court notes that the Company did not attend the hearing nor make submissions to it in this matter.
Having given careful consideration to the submissions of the Claimant the Court finds that in the circumstances of this case the Company’s treatment of the Claimant was neither fair nor reasonable and should be reversed.
The Court further finds that the Company did not act in accordance with the provisions of S.I. 146/2000 and accordingly the disciplinary sanctions issued to the Claimant should be withdrawn.
Finally, the Court recommends that the Company should engage with the Claimant with a view to putting in place arrangements that would facilitate him to meet the critical care issues that arise in his family from time to time. Those arrangements might broadly accord with those that have been put in place by the employer of the Claimant’s spouse who shares in the discharge of the emergency and other critical care requirements that were outlined to the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th November, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.