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LCR22277

FULL RECOMMENDATION


CD/20/207
RECOMMENDATION NO. LCR22277

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
IARNR�D ÉIREANN/IRISH RAIL

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Ms Connolly
Worker Member: Ms Tanham

SUBJECT:

1. Disproportionate disciplinary sanction.

BACKGROUND:

2. The case concerns a claim by the Worker that the disciplinary sanction imposed on him was disproportionate as prior to the incident in question the Worker had a clear disciplinary record.


  • On 6 July 2020, the Worker, referred this dispute to the Labour Court 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 16 September 2020.


UNION'S ARGUMENTS:

The Worker has long service with the employer and no prior disciplinary action has been taken against him.


COMPANY'S ARGUMENTS:

The Company’s Grievance, Disciplinary Policies and Procedures were followed during this process.


RECOMMENDATION :

The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns a claim by a Union on behalf of a worker who disputed the disciplinary sanction which applied to him in October 2019.

The disciplinary sanction was appealed to the Company’s Disciplinary Appeals Tribunal, made up of an independent chair, a trade union nominee and a company nominee. The Tribunal amended the sanction imposed on the Claimant and upheld parts of it. The Claimant was dissatisfied with the outcome of that process and referred the case to the Labour Court.

The Disciplinary Appeals Tribunal which were set up in 1994 under the Company’s “Grievance, Disciplinary Policies and Procedures”, was agreed between the Company, and Trade Unions (I.C.T.U. Group and N.B.R.U.).
This agreement states the following:
  • “It is the intention of both parties that the outcome of the disciplinary machinery shall be final”.

It also provides as follows:-
  • “In exceptional circumstances the Trade Union reserves the right to refer the outcome of the disciplinary machinery to the Labour Court under Section 20(1) of the Industrial Relations Act 1969.”

Both parties furnished their views to the Court on the question of “exceptional circumstances”.

Having considered the submissions made by both parties, on the question of the “exceptional circumstances”, the Court is of the view that it would be inappropriate in this case to interpret a collective agreement, signed by multiple parties, when those parties are not involved in the claim before the Court.

Therefore, the Court cannot find merit in the Union’s claim.

The Court so Recommends.

Signed on behalf of the Labour Court
Caroline Jenkinson
NJ ______________________
20 October 2020 Deputy Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to Noel Jordan, Court Secretary.