ADJ-00004392

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004392

Dispute for Resolution:  

Date of Adjudication Hearing: 14/11/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure: 

In accordance with Section 13 of the Industrial Relations Act, 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute. 

Background

The Complainant has been working in this Child Detention Centre since 2005. The Complainant referred a dispute to the Workplace Relations Commission on 4^th August 2016 in relation to a final written warning issued to the Complainant. The Complainant had been issued with a written statement of his terms and conditions of employment, including the Grievance and Disciplinary Procedures of the Company.

Summary of Complainant’s Position. 

There was an attempted escape from the Campus on 25^th July 2015. He was disciplined following this and the allegations against him can be summarised as –

Had gone home early

Imperilled other employees

Not trained/authorised to disarm inmates

Failed to follow good and prudent behavior. 

There was an Investigation and a Disciplinary process conducted internally and the outcome was that the Complainant was issued with a Final Written Warning on 23^rd December 2015 to remain for a period of 12 months. The Complainant was afforded a right of appeal. The Legal Representative of the Complainant argued that this was disproportionate as the Complainant had no other disciplinary warnings

The Complainant lodged an appeal in January 2016 however the Complainant did not state the grounds of his appeal. The Complainant stated that he then lodged a second appeal but this was not proceeded with contrary to fair procedures and natural justice.

Summary of Respondent’s Position. 

The CAMPUS has capacity to accommodate up to 90 young people sentenced or remanded by the Courts. There are 250 staff employed covering a range of functions, the largest group are the residential social care workers at 128 with 50 mainly working nights. Employees are rostered from 8am to 10pm over seven days. The Complainant has worked at this Campus since 2010 following his redeployment and is employed as a Residential Social Care Worker.

On 25^th July 2015 four young people escaped from the Campus, following which four employees, including the Complainant, were suspended on pay pending an external investigation by a named individual. The purpose was to determine if there were any breaches of policy or procedures.

The Complainant was interviewed and he was found to have breached procedures. A disciplinary Process was initiated and a Disciplinary Meeting took place on 3^rd December 2015. The Complainant was represented by SIPTU. A Disciplinary outcome meeting took place on 9^th December 2015, again the Complainant was represented by SIPTU. The Complainant was informed that he was to be issued with a Final Written Warning for a period of 12 months and this was issued to him by letter dated 23^rd December 2015. He was afforded a right of appeal and requested to set out the grounds of his appeal.

The Complainant appealed by letter dated 17^th January 2016 but he did not state the grounds of his appeal. The respondent replied on 20^th January 2016 asking that the Complainant set out the grounds . of his appeal. SIPTU sent an email dated 2^nd February 2016 on behalf of the Complainant and the Respondent replied by letter on 5^th February 2016 confirming his right to appeal but requesting the grounds of the appeal be set out. SIPTU sought an update on 13^th April 2016 and the Respondent replied by letter dated 14^th April 2016 again stating that no grounds of appeal had been submitted. SIPTU responded on 18^th April referring to correspondence issued by SIPTU on 11^th April 2016. There was no appeal heard. 

Findings

On the basis of the evidence and a detailed submission from the Respondent I find as follows:
1. There was an escape from the Campus on 25th July 2015. The Complainant with three other employees were suspended on pay pending investigation by an external named investigator who found that the Complainant had failed to follow good and prudent practice. The Investigator produced an 11 page report in relation to the Complainant – copy provided to the Complainant.

2. A Disciplinary Process was initiated. The Complainant was represented by SIPTU at all times. There was a disciplinary Hearing on 3rd December 2015 and a Disciplinary Outcome Meeting on 9th December 2015. There were minutes of both Disciplinary Meetings provided to the Complainant and to the Hearing.

3. The Complainant was informed of the outcome by letter dated 23rd December 2015 and the Complainant was afforded a right of appeal.

4. The Complainant appealed by letter dated 17th January 2016 but this did not include the grounds of the appeal. The necessity to set out grounds of an appeal in clearly set out in the Company Policy – Performance Improvement, Disciplinary and Dismissal where at Section 23.4.8 of this policy under Appeals it clearly states that an employee wishing to appeal must state the reasons for the appeal and also stating that failure to do so will render the appeal null and void.

5. The evidence shows that the Respondent both directly with the Complainant and with SIPTU between January and April 2016 sought to assist the Complainant in relation to his appeal. However the evidence shows that the Complainant failed to set out the grounds of his appeal.

6. I note that the Final Written Warning was to remain for a period of 12 months from December 2015. This warning has now expired.

Recommendation

In accordance with Section 13 of the Industrial Relations Act, 1969 and in view of my findings above I do not recommend in favour of the Complainant. The Investigation and Disciplinary Process was conducted with due regard to fair procedures and natural justice and fully complies with S.I. 146/2000 – Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000. 

Rosaleen Glackin

Adjudication Officer 

Date:______15 February 2017________