FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CITY OF DUBLIN EDUCATION AND TRAINING BOARD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer Recommendation No r-157731-ir-15/RG
BACKGROUND:
2. This dispute concerns the Worker's claim that he was unfairly treated after a colleague made a complaint against him. This dispute was referred to an Adjudication Officer for investigation and recommendation. On the 27th January, 2016 the Adjudication Officer issued the following Recommendation:-
- "On the basis of the evidence and my findings above I do not propose any amendment to the sanctions imposed by the Respondent on the Complainant. However I note that the written warning has now expired since October 2015."
On the 25th February, 2016 the Employee appealed the Adjudication Officer'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 25th April, 2016.
UNION'S ARGUMENTS:
3.1. The Worker was unfairly suspended under the Disciplinary Procedures of the City of Dublin Education and Training Board.
2. The sanction that the Worker received, which involved a demotion and a transfer, was too severe.
EMPLOYER'S ARGUMENTS:
4.1. The entire matter was dealt with in line with the established and nationally agreed Disciplinary Procedures for Staff employed by Education and Training Boards.
2. At all times during the process the Claimant had been treated in a respectful and fair manner and he had been afforded all the principles of natural justice to ensure equity and transparency.
DECISION:
This is an appeal by the Union on behalf of a worker against an Adjudication Officer’s Recommendation which found against his claim to have a disciplinary sanction removed and to be transferred back to his original position.
Following an investigation into complaints made against the Claimant, he was suspended on full pay while an investigation was conducted. The investigation found that there was a case of gross misconduct to be answered warranting the convening of a disciplinary hearing under Stage 4 of the employer’s Disciplinary Procedure. On foot of that disciplinary hearing, the Claimant was demoted from Senior Porter position to Porter, he was transferred to another location, he was subject to monthly review meetings and counselling and issued with a Final Written Warning.
The Claimant claimed that he was unfairly suspended under the employer’s Disciplinary Procedures, he appealed the disciplinary sanction as being too severe and claimed loss of earnings.
Having considered the submissions made the Court notes that the findings of the investigation and the appeal upheld the complaint made against the Claimant and the sanction imposed on him was in line with a Stage 4 Disciplinary Sanction as provided for in “Disciplinary Procedures for Staff Employed by Education and Training Boards” as agreed between the employer and a number of representative trade unions. The Court also notes that the written warning issued to the Claimant on 10thOctober 2014 has since expired and has been expunged from his file.
The Employer informed the Court that in the event that the Claimant were to apply for a promotional position the remaining disciplinary sanctions imposed in accordance with Stage 4 of the procedures would not impede his success in such an application.
In all the circumstances of this case, the Court upholds the Adjudication Officer’s Recommendation and rejects the appeal.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
28th April 2016______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jason Kennedy, Court Secretary.