FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1); INDUSTRIAL RELATIONS ACT; 1969 PARTIES : CONDUIT ENTERPRISES LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY COMMUNICATIONS WORKERS' UNION) DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Disciplinary action.
BACKGROUND:
2. On the 1 April 2016 the Claimant referred the dispute to the Labour Court in accordance with Section 20 (1) of the Industrial Relations Act, 1969. A Labour Court Hearing took place on 26 May 2016.
UNION'S ARGUMENTS:
The manner and duration of the suspension on full pay applied to the Claimant were unduly punitive and unnecessary. Furthermore, the duration of the Employer's investigation contributed to an adverse effect on the Claimant's health and well-being.
COMPANY'S ARGUMENTS:
The Claimant, at the time of referral to the Court, had not exhausted the Company's internal procedures with regard to her grievance relating to the Company's actions during the disciplinary process. The Company accepts that the length of time taken to conduct an investigation into the allegations made against the Claimant was extensive. The Company had acknowledged this in writing
RECOMMENDATION:
The matter before the Court was clarified by the Trade Union representing the claimant in this case as relating to the conduct of disciplinary and grievance procedures following events alleged to have occurred on 30thSeptember 2015.
The Court notes that a significant delay occurred between the claimant’s suspension from work on full pay from 30thSeptember 2015 until her restoration to her role on 10thFebruary 2016. The Court notes that the conduct of procedures was complicated by the initiation of a grievance surrounding the same facts while a disciplinary process was being undertaken.
The Court notes the parties’ reference to S.I. No. 146/2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) in their submission. The Court encourages the Respondent to review the operation of Grievance and Disciplinary procedures against the content of the Code.
The Court acknowledges the potentially severe impact on a person of a suspension from work whether paid or not and recommends that for the future every effort should be made to conclude procedures expeditiously whenever such procedures are initiated.
The Court also recommends, without prejudice to either party, that the company should pay to the claimant a sum of €350 as a gesture of goodwill and in full and final settlement of the claim.
Signed on behalf of the Labour Court
Kevin Foley
JD______________________
8 jUNE 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.