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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GAS NETWORKS IRELAND
- AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Geraghty Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal Of Adjudication Officer Decision No ADJ-00018552
BACKGROUND:
2. This case concerns an appeal by the Worker against her employer regarding a disciplinary sanction imposed against her. The matter was referred to the Workplace Relations Commission. A decision by an Adjudication Officer issued on 28th March 2019. This decision was appealed by the Worker under the Industrial Relations Act 1969. A Labour Court hearing took place on 28th June 2019.
WORKER’S ARGUMENTS:
3. 1. The disciplinary sanction is disproportionate.
2. The disciplinary sanction is without precedent and falls outside generally established practice in the Company.
3. The entire process was unsafe, tainted and contrary to natural justice and fair procedure.
EMPLOYER’S ARGUMENTS:
4. 1. The disciplinary sanction was proportionate.
2. The disciplinary sanction was in line with sanctions allowable under its Disciplinary Policy.
3. The Company at all times followed its Dignity at Work Policy and Disciplinary Policy and the procedures adopted in this case were fair and in accordance with natural justice.
DECISION :
Having heard submissions and argument from both parties, the Court shares the view of the Adjudication Officer that no basis has been established to justify any alteration of the disciplinary sanction.
The Court so recommends.
Signed on behalf of the Labour Court
Tom Geraghty
FMC ______________________
2nd July 2019 Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Fiona McCarthy, Court Secretary.