FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Removal of warning letter from personnel file.
BACKGROUND:
2. This dispute arose from the manner in which the Worker was disciplined. The Worker referred this case to the Labour Court on 21st May, 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 10th September, 2015. The Company declined to attend the hearing.
UNION'S ARGUMENTS:
3. 1. The Worker has acted in the best interests of the Company at all times.
2. The Worker was denied fair procedures.
3.The Worker should be compensated for the resulting stress and financial loss.
RECOMMENDATION:
The Court notes that the Respondent Company decided not to attend the hearing regarding this dispute.
The Court considered the written and oral submissions made on behalf of the Claimant. In light of those uncontested submissions the Court finds that the Claimant at all times acted appropriately in the discharge of his duties. The Court further finds that the Claimant was not afforded fair procedures by the Respondent in the processing of this matter.
Accordingly the sanction imposed on the Claimant should be set aside and removed from his file.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
29th September, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.