INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
IS VARIAN & COMPANY LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Ms Ni Mhurchu
1. Appeal of Rights Commissioners Recommendation No r-128520-ir-12/JC
2. This case is an appeal by the employer of Rights Commissioner's Recommendation No r-128520-ir-12/JC. The issue concerns disciplinary sanctions imposed on the worker as a result of the dispatch of goods to a Company client without the accompanying documentation. The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 24th April 2013 and recommended that the final written warning be reduced to a first written warning and the payment of the €9 per day key holding allowance be re-instated.
On the 30th April 2013, the employer appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act,1969. A Labour Court hearing took place on the 16th July 2013.
3 1 The procedures which the Company claim the worker is in breach of are not formal written procedures and accordingly cannot be knowingly breached. The Company is totally at fault with the imposition of the disciplinary sanctions.
2 The worker had been in a position of responsibility for many years and had been given the freedom to solve problems as they arose and to keep customers satisfied at all times.
4 1 The worker has been in the employment of the Company for 30 years and was well aware of the procedures that are to be carried out in relation to the dispatch of goods irrespective of whether formal procedures are in place.
2 The worker was aware that he must keep the required documents relating to the dispatch of goods. If the goods in question were being given to a customer for whatever reason, documentary evidence would still be required and the approval of senior management should have been sought.
This is an appeal by the Employer against Rights Commissioner Recommendation No R-128520-IR-12/JC. The Rights Commissioner recommended, in relevant part, as follows: -
- “……….I recommend that the final written warning be reduced to a first written warning and that the respondent restore the key holding duties and related payment of €9 per day to the claimant …….”
Having listened carefully to the arguments advanced by both sides the Court decides the appeal as follows:
- The Court notes that the Company is prepared to withdraw the two week suspension originally imposed on the Claimant.
- In that context the Court upholds the Final Written Warning the Company issued to the Complainant.
- The Court notes the Company’s entitlement to permanently remove key holding duties from the Claimant
- The Court notes the Company’s decision to suspend payment of the Key Holders allowance to the Claimant.
- The Court decides that the Company should, on the expiry of the Final Written Warning, identify and assign comparable alternative duties to the Claimant and resume payment of the €9 per day allowance or alternatively make some other arrangement regarding the continuation or discontinuation of the allowance.
Signed on behalf of the Labour Court
28th August 2013______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.