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 14 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 the 26 May 2016
UNION'S ARGUMENTS:
The Union argued that the Claimant had been unfairly suspended with pay for a period of two weeks and received an unduly punitive disciplinary sanction.
COMPANY'S ARGUMENTS:
The Claimant was issued with the appropriate level of sanction, in line with the Company's Corrective Action Policy, given the nature of the Claimant's behaviour. The sanction in question has now been removed from the Claimant's record.
RECOMMENDATION:
This matter comes before the Court as a reference under Section 20(1) of the Industrial Relations Act, 1969. The Court notes that the parties did not find it possible to engage the appropriate services of the Workplace Relations Commission in relation to this matter.
The Trade Union representing the claimant clarified to the Court that the matter before the Court relates solely to the severity of a disciplinary sanction now expired. The Trade Union confirmed to the Court at its hearing that there is no claim for compensation before the Court.
The Court is not in full possession of all procedures and manuals relevant to a comprehensive consideration of this matter. The Court must therefore treat the matter as an industrial relations matter as referred and deal with the issue on the basis of the material submitted.
In all of the circumstances the Court recommends that the sanction applied and now expired should be reduced to a ‘Second Stage’ sanction.
The Court so recommends.
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.