LCR22742

1.Appeal Of Adjudication Officer Decision No. ADJ-00035928 CA-00047124-001

BACKGROUND:

2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 2 March 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 18 January 2023 the Adjudication Officer issued the following Recommendation:-

“The verbal warning has expired therefore, I do not make any further recommendation on this as the matter is moot.

The worker and the employer should continue to use agreed existing and future mechanisms to deal with matters of this nature”

A Labour Court hearing took place on 18 April 2023.

UNION’S ARGUMENTS:

• 
  1. The Worker received an unfair disciplinary sanction arising from a day’s absence. The instigation of a disciplinary process was unwarranted.

  2. The absence should have been recorded as annual leave.

  3. An award of compensation to the Worker should be recommended.

• 
  1. The warning was reasonable and proportionate to the facts.

  2. Fair procedures were followed and the sanction was at the lower end of the sanctions available.

  3. The warning has expired and the case is moot.

However, the Union asked the Court to consider the impact of the disciplinary process and preceding events on the Worker. In this regard, the Court notes that is accepted by the Union that the Worker was afforded his full rights at all stages of the process.

The Court notes that the Worker did not accept that the disciplinary process should have been initiated.

The Court does not propose to re-investigate the complaint against the Worker. Given that the lapse of time has rendered the penalty imposed as moot, the Court recommends that the parties now put this matter behind them.

	Signed on behalf of the Labour Court
	Tom Geraghty
OC	______________________
28 April 2023	Deputy Chairman