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LCR22742

FULL RECOMMENDATION


CD/23/78
ADJ-00035928 CA-00047124-001
DECISION  NO.  LCR22742

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969


PARTIES:
TRANE TECHNOLOGIES INTERNATIONAL LTD.
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

A WORKER
(REPRESENTED BY UNITE THE UNION)


DIVISION:

Chairman: Mr Geraghty
Employer Member: Mr Murphy
Worker Member: Ms Treacy


SUBJECT:

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.


EMPLOYER’S ARGUMENTS:

  • 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.








DECISION:

The warning issued to the Worker has expired. To that extent, the issue before the Court 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


NOTE

Enquiries concerning this Decision should be addressed to Orla Collender, Court Secretary.