|
FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LIDL IRELAND GMBH
(REPRESENTED BY PAUL TWOMEY, B.L., INSTRUCTED BY FIELDFISHER,SOLICITORS) - AND - A WORKER (REPRESENTED BY LARKIN TYNAN NOHILLY SOLICITORS) DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. The reason for the Investigation and Disciplinary Process is not the same as the reason for the final decision and verbal warning.
BACKGROUND:
2. This dispute concerns the reason for the investigation and disciplinary process was not the same as the reason for the final decision and verbal warning. The Worker referred the case to the Labour Court on 20 December 2019 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 5 March 2020.
WORKER’S ARGUMENTS:
3. 1. The Worker states that he was subject to a flawed Disciplinary Process in July/August 2019.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer has confirmed to the Employee that the verbal warning has been expunged from the Employee's HR file.
RECOMMENDATION :
It is the Worker’s case that he was subjected to a flawed disciplinary process. The Employer submitted to the Court that the verbal warning that issued to the Employee had been expunged from the Employee’s file. The representative for the Employer confirmed to the Court that expunged in this case meant removed in its entirety as if it had never happened.
The Court finds that the warning has been expunged and that this dispute is resolved.
The Court so finds.
Signed on behalf of the Labour Court
Louise O'Donnell
MK ______________________
5 March 2020 Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.