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LCR22749

FULL RECOMMENDATION


CD/23/70
ADJ-00036490 CA-00047725-001
DECISION  NO.  LCR22749

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969


PARTIES:
SOUTH DUBLIN COUNTY COUNCIL
(REPRESENTED BY L.G.M.A.

- AND -

A WORKER


DIVISION:

Chairman: Mr Geraghty
Employer Member: Mr Marie
Worker Member: Ms Tanham


SUBJECT:

1. Appeal Of Adjudication Officer Decision No(s) ADJ-00036490 CA-00047725-001

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 19 February 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 5 May 2023.



Summary of Worker arguments.

  • The Worker was disciplined for following a Union instruction.
  • The instruction arose because of changes imposed unilaterally by the Employer.
  • The concerns raised on behalf of the group of workers concerned were legitimate.
  • The Employer’s process failed to comply with the requirements of fairness.

Summary of Employer arguments.
  • The Worker is one of four who were reassigned to a new unit in 2019.
  • The process was the subject of negotiations involving the WRC conciliation service and a subsequent referral to the Labour Court by the relevant union was withdrawn.
  • The Worker failed to carry out a reasonable instruction. She was afforded every chance to review her position.
  • An impartial disciplinary hearing took place. The Worker was afforded due process. A verbal warning was issued to the Worker. The Worker availed of her right to appeal. The verbal warning was upheld.
  • The sanction has expired and has been expunged from the Worker’s record.





DECISION:

The Court believes that it is important to clarify that it is no part of its role to direct a management as to how they manage. The Court cannot tell an Employer that they are not free to issue legitimate instructions. In employments, such as this, where collective bargaining applies, any instructions are open to be discussed with the relevant union and, if necessary, the State’s industrial relations machinery is available to assist in the resolution of any disputes.

In this case, whatever the background, the disciplinary sanction applied to the Worker has expired. The Employer advised the Court that the sanction has been expunged from the record of the Worker.

The Court recommends that the parties regard this matter as closed.

The Worker’s appeal fails.

Signed on behalf of the Labour Court
Tom Geraghty
DC ______________________
17 May 2023 Deputy Chairman


NOTE

Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary.