Complainant

Respondent

Anonymised Parties

A Store Assistant

A Retailer

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-00017448-001

14/02/2018

The Worker has been employed by the Employer since May 2013.

Following an incident which occurred on 13 January 2018, where a complaint was made against the Complainant he was suspended with pay pending an investigation.   He claims that this suspension was unfair and submitted this claim on the 14th of February 2018.

The outcome of the investigation and disciplinary process was that the complainant was dismissed on the 21st of February 2018. He lodged a separate claim of Unfair dismissal on the 6th of July 2018 in relation to his dismissal.

This dispute was heard along with the Unfair Dismissal claim under Adj – 00015694 on the 21st of March 2019.

The complainant submits that

he was unfairly suspended from his work following complaints against him and he felt victimised by management.

The Respondent submits that

The Complainant commenced employment with the Respondent in May 2013 as a Store Assistant,

The Complainant’s contract of employment provides that certain documents including the Employee Handbook form part of the contract of employment,

The Employee Handbook sets out the Respondent’s Rules of Conduct and it is expressly provided in the Employee Handbook that the Respondent reserves the right to suspend employees from work which is usually on full pay and it is states that suspension is not a disciplinary step,

The relevant disciplinary procedure is also set out in the Employee Handbook together with a right of appeal from any disciplinary sanction,

Following an incident which occurred on 13 January 2018, a complaint was made against the Complainant by an Area Manager and a Trainee Area Manager, the Complainant was suspended on full pay to allow an investigation to take place and this decision was confirmed by the relevant Area Manager.

The complainant advised the hearing that following an incident which occurred on 13 January 2018, where a complaint was made against him by an Area Manager and a Trainee Area Manager he was suspended with pay pending an investigation.   The complainant claims that this suspension was unfair and submitted this claim on the 14th of February 2018.

The respondent advised the hearing that the Employee Handbook sets out the Respondent’s Rules of Conduct and it is expressly provided in the Employee Handbook that the Respondent reserves the right to suspend employees from work which is usually on full pay and it is states that suspension is not a disciplinary step.

The respondent stated that the complainant was advised on the 13 January 2018, that a complaint was made against him by an Area Manager and a Trainee Area Manager, in respect of an incident where the complainant failed to follow an initial instruction from his Area Manager and then engaged in an unnecessary argument with her where he demonstrated disrespectful behaviour.

The respondent stated that in light of the allegation of misconduct, the Store Manager informed the Complainant on the 13th of Janary 2018 that he was suspended on full pay to allow an investigation to take place.   The respondent stated that the complainant sought clarification on the day that the suspension was with pay and once this was confirmed he did not raise any further issue regarding the suspension.   The decision regarding the suspension was confirmed in writing by letter dated 15th of January by the relevant Area Manager.   The complainant did not dispute this. The respondent states that the Complainant’s contract of employment expressly provides that the Respondent reserves the right to suspend an employee from work and expressly states that this is not a disciplinary step. The respondent states that there is no basis for this claim.

Having considered the submissions of both parties and the evidence adduced at the adjudication hearing, I do not recommend in favour of the Worker.