ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001591
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1946 | CA-00002237-001 | 18/01/2016 |
Date of Adjudication Hearing: 11/07/2016
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
The Complainant is employed as a Childcare Worker since 2009. The Complainant maintains that disciplinary warnings issued to her were both substantively and procedurally incorrect, that inappropriate evidence was used in the investigation and that fair procedure did not apply in the appeal process. The Complainants position is that the warnings should be deleted from her record. |
Respondent’s Submission and Presentation:
The Complainant was involved in a disciplinary process for failing to demonstrate childcare professionalism. The Complainant was issued a final written warning on the issue and given the right of appeal which she chose to pursue. The Company policy allows for a work colleague to attend an appeal hearing. There is no mandatory obligation on an employer under SI 146 of 2000 Code of practice to have union representation and the company adhered to its own stated policy in this case.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
In this situation the Complainant was allowed the right of representation at a grievance appeal but that Representative was not allowed contribute to the appeal hearing. This is an unfair situation and the Complainants rights were not able to be adequately represented as a result.
Having considered the overall situation I recommend to the parties that the warnings issued to the Complainant be expunged from her personnel l file completely effective immediately.
Dated: 29th July 2016
ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001591
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1946 | CA-00002237-001 | 18/01/2016 |
Date of Adjudication Hearing: 11/07/2016
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
The Complainant is employed as a Childcare Worker since 2009. The Complainant maintains that disciplinary warnings issued to her were both substantively and procedurally incorrect, that inappropriate evidence was used in the investigation and that fair procedure did not apply in the appeal process. The Complainants position is that the warnings should be deleted from her record. |
Respondent’s Submission and Presentation:
The Complainant was involved in a disciplinary process for failing to demonstrate childcare professionalism. The Complainant was issued a final written warning on the issue and given the right of appeal which she chose to pursue. The Company policy allows for a work colleague to attend an appeal hearing. There is no mandatory obligation on an employer under SI 146 of 2000 Code of practice to have union representation and the company adhered to its own stated policy in this case.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
In this situation the Complainant was allowed the right of representation at a grievance appeal but that Representative was not allowed contribute to the appeal hearing. This is an unfair situation and the Complainants rights were not able to be adequately represented as a result.
Having considered the overall situation I recommend to the parties that the warnings issued to the Complainant be expunged from her personnel l file completely effective immediately.
Dated: 29th July 2016