ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000943

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 03/03/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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:

Respondent’s Submission and Presentation:

The Respondent outlined the history of the event and absences that led to the disciplinary sanction

A copy of the staff handbook was submitted which the issues involved in this case, in particular the Sick Leave and Attendance & Time Keeping (A&T) policy. The A&T policy clearly defines an absence as including absences whether or not they are medically certified. The Claimant’s level of absenteeism triggered the application if the Professionalism & Misconduct Disciplinary Policy, which was applied in accordance with natural justice and fair procedures.

The payment of a bonus is entirely at the discretion of the Respondent. The staff handbook and the terms of the bonus scheme entitle the Respondent to withhold payment where an employee is in receipt of a disciplinary warning for breach the policies. Further, the Promotions & Internal Policy clearly provides that employees on corrective action are not entitled to a transfer for the duration of the sanction.

Decision:

Section 41(4) 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.

[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.

Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]

Issues for Decision:

Has the Claimant been treated in a fair and reasonable manner?

Should the certified sick absences have been taken into account?

Legislation involved and requirements of legislation:

Section 13 of the Industrial Relation Act 1946.

To ensure due process when dealing with an employee grievance.

Decision:

I have considered the submissions made by both parties. It is clear from the documentation submitted on behalf of the Respondent that the Claimant is in breach of a number of his terms and conditions of employment. The Respondent cannot be found wanting in regards to fair procedures.

I do not find the Complaints of the Claimant well founded and they fail.

Dated:   20^th September 2016