FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LIMERICK CITY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-126093-ir-12(A)GC.
BACKGROUND:
2. This dispute arose from the Employer's imposition on the Worker of a disciplinary sanction of an unpaid suspension. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 2nd May, 2013 the Rights Commissioner issued the following Recommendation:-
- "I find that the investigation was thorough and reasonable in the circumstances [and] have not found any evidence to overturn the Council's decision."
On the 11th June, 2013 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 19th February, 2014.UNION'S ARGUMENTS:
3. 1. The Worker denies all the allegations made against him.
2. The Council failed to investigate the allegations in an impartial and transparent manner.
3.The disciplinary sanction imposed on the Worker should be withdrawn.
COUNCIL'S ARGUMENTS:
4. 1. A very serious allegation was made against the Worker.
2. The matter was investigated in a fair manner in accordance with procedures.
3. The sanction imposed was proportionate and reasonable.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the procedures used by the Council and in particular the manner in which they were applied in this case are not consistent with S.I. No 140/2000. Accordingly the Court decides that the findings against, and the sanctions imposed on, the Claimant cannot stand. The Court so decides.
The Court has not conducted an investigation into the incident that gave rise to the impugned disciplinary procedure. Accordingly the Court makes finding on the substantive issues that were in dispute.
Finally the Court notes that the parties involved in this case had difficulties reconciling with each other the Code of Discipline, the Disciplinary Procedure, S.I. No 140/2000 and the Dignity at Work Policy, all of which were raised or relied upon by one or other party or both in the processing of this case. The Council and the relevant trade unions might usefully engage with each other with a view to addressing this matter.
Signed on behalf of the Labour Court
Brendan Hayes
6th May, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.