LCR21129

“The Claimant should be promoted to Loss Prevention Officer Supervisor with immediate effect and that the loss of earnings suffered by the Claimant from November 2013 to August 2015 should count as the appropriate Disciplinary Sanction.”

The Recommendation of the Rights Commissioner was appealed by both the Claimant and the Company.

WORKER'S ARGUMENTS:
The period of demotion recommended by the Rights Commissioner is too lengthy. Reinstatement should take place from an earlier date.

COMPANY'S ARGUMENTS:
A position simply does not exist within the Company to reinstate the Worker, as per the Rights Commissioner's Recommendation. As soon as one comes available they will present it to the worker.

RECOMMENDATION:

• The Court has considered the written and oral submissions of the parties. The Court agrees with the Recommendation of the Rights Commissioner but the Court does however understand the practical difficulties associated with applying the remedy recommended by the Rights Commissioner.

  The Court therefore recommends that the claimant should be appointed to the next Loss Prevention Officer Supervisor position which arises in any of the Respondent’s stores identified at the hearing. The Court also recommends that the Respondent should pay to the Claimant a sum of €2,000 in compensation for the operational incapacity of the Respondent to reinstate the Claimant as a Supervisor at this time. In the event that the Claimant is not appointed as a Supervisor during 2016 the Respondent should make an off-scale payment of €500 per quarter for every quarter (commencing in the first quarter of 2017) during which it proves not possible to appoint the Claimant as a Supervisor. The off-scale payment of €500 per quarter should continue to be paid until the Claimant is appointed as a Supervisor.