ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052825
| Complainant | Respondent |
Anonymised Parties | A Member | A Policing Authority |
Representatives | Garda Representative Association | Employee Relations Bureau |
Dispute:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Dispute seeking adjudication under Section 13 of the Industrial Relations Act, 1969. | CA-00064660-001 | 09/07/2024 |
Date of Adjudication Hearing: 01/10/2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969,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 submissions relevant to the dispute.
Background:
The issue in dispute concerns a worker who was subject to a disciplinary process in line with the employer’s disciplinary procedures. The worker appealed the disciplinary sanction and was unsuccessful in his appeal. The appeal was not conducted within the required timeframe and as a result, the worker is seeking that the disciplinary sanctions imposed be expunged from his file and he receive compensation. |
Summary of Worker’s Case:
The worker was represented by his trade union at the adjudication hearing. The worker’s position is that the appeal of his disciplinary sanction was not carried out in the appropriate timeframe. The worker contends that the delay of approximately 40 days in receiving his appeal decision denied him due process and fair procedures. The worker is seeking that the disciplinary sanction imposed as a result of the disciplinary process be expunged from his personnel file and he receive compensation due to the delay in the employer conducting the appeal. |
Summary of Employer’s Case:
The employer confirmed at the adjudication hearing that internal procedures had been exhausted in relation to the matter in dispute. The employer contends that the disciplinary process which led to the sanction was carried out in line with the employer’s procedures and was also the subject of an appeal. The employer’s position is that unfortunately there was a delay in conducting the appeal but that this should not result in the substantive disciplinary sanction being expunged or the worker receiving compensation. The employer further stated that the worker submitted a grievance in relation to the issue but that the grievance procedure excludes matters that were dealt with under the employer’s disciplinary procedures except in relation to how disciplinary processes are carried out. On that basis the worker’s grievance was not upheld. The employer is seeking a recommendation that the matter be considered closed. |
Findings and Conclusions:
The parties have sought a recommendation on the issue in dispute. The worker is seeking that the sanction be expunged from his file and that he receives compensation because the appeal was not carried out within 14 days as provided for in the employer’s procedures. The employer acknowledged the delay in the appeals process which it says was due to staff absence as well as annual leave over the Christmas period. The employer stated that the delay in the review process is regrettable but should not result in the sanction itself being expunged as the disciplinary process was carried out in line with the employer’s procedures. Having considered the submissions of the parties to this dispute, I accept the fact that delays do occur in these matters. However, I do not accept that the delay to the appeal/review, unfortunate as it was, should result in the removal of the disciplinary sanction and the payment of compensation to the worker. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Having considered the submissions of both parties, I do not recommend in favour of the worker. |
Dated: 14th of October 2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Review of disciplinary sanction |