ADJ-00017366

Complainant

Respondent

Anonymised Parties

A Worker

An Employer

Representatives

Vivian Cullen SIPTU-Trade Union

Conor O'Gorman IBEC

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00022492-001

08/10/2018

On the 13th of April, 2018 the worker was loading on Bay 23.He completed his load and continued on to his next task however it transpired that the ramp or leveller had not been stowed away correctly. The worker fully accepts that at the material time he failed to carry out this task. He cooperated fully with the investigation and disciplinary process. The original sanction imposed was to remove him from the loading task for a period of 12 months. This meant that he would no longer be able to do the night shift. He has worked the night shift for 13 years. The worker appealed this decision. Following an appeal hearing, the sanction was amended to a final written warning, to remain on his file for a period of 12 months. The sanction is due to expire in May, 2019. The worker states that having this sanction hanging over him is placing him under a lot of stress and he has requested that it be reduced to a written warning or that the 12 months be reduced.

The incident on the 13th April, 2018 was the third of its kind in a short space of time. The first time the complainant forgot to stow away the dock leveller was on the 10th August,2017. On that occasion a note was put on his file and he was re-trained. The second identical breach occurred on the 24th September,2017. On that occasion he was given a verbal warning and was re-trained. Again, on the 13th April, 2018 he committed a third identical breach. The respondent has a responsibility to all of its employee, to provide a safe place in which to work. The Worker, despite two previous sanctions and two re-training sessions again failed to stow away the dock leveller in April, 2018. Since the sanction of a final written warning was imposed he has complied with his Health and Safety obligations.

The Worker accepts that he failed to comply with his Health and Safety obligations in failing to stow away the dock leveller in August and September 2017 and April,2018. He was sanction for said failure in August and September,2017 and was re-trained after both incidents. Based on the uncontested facts outlined to me during the hearing, I find that the sanction imposed was fair and proportionate. In those circumstances, I recommend that the sanction remain as is.