FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TESCO IRELAND LTD (REPRESENTED BY IBEC) - AND - A WORKER (REPRESENTED BY MANDATE TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. An appeal of an Adjudication Officer's Decision no: ADJ-00011447.
BACKGROUND:
2. This case is an appeal of an Adjudication Officer’s Recommendation by the Union on behalf of the Worker. On the 1st August 2018 the Adjudication Officer issued the following Recommendation:-
- “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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]- I recommend that the discipline imposed remains on the Claimant’s file for a period of six months from the date of imposition and at the end of that period it should be expunged from his record.
A Labour Court hearing took place on the 12th October 2018.
DECISION:
This is an appeal by an employee against the Recommendation of an Adjudication Officer Adj-00011447 CA-00015215-001 in his claim against his employer under the Industrial Relations Act, 1969 and concerned a final written warning given to the Claimant.
The Adjudication Officer recommended that the warning should remain on the Claimant’s personnel file for a period of six months from the date of imposition and at the end of that period it should be expunged from his record.
The Union appealed this Recommendation and submitted to the Court that as the Claimant was involved in officialindustrial action between 14thand 24thFebruary 2017 that he should not have been issued with a warning for his absence from work during this time.
The employer stated that as the branch he worked in was not involved in industrial action, no notice of industrial actions in respect of that branch had been issued to it and the Claimant’s absence from work amounted to unauthorised absence. He was warned that unless he returned to work he may face disciplinary action.
The Claimant was issued with a final written warning on 8thJune 2017, to remain live on his personnel file for a period of 12 months and has therefore now expired.
Having considered the submissions of both parties the Court recommends that the final written warning be expunged from the Claimant’s personnel file. The Adjudication Officer’s Recommendation is varied accordingly.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
23rd October, 2018Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.