FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES - AND - A WORKER (REPRESENTED BY MANDATE TRADE UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Internal disciplinary procedure.
BACKGROUND:
2. On the 24 July 2017, the Worker referred the 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 the 3 November 2017. The Employer did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The Worker received a disciplinary sanction of three day's suspension without pay.
2. The Worker should not have been disciplined as she refutes the allegations levelled at her.
3. The Employer breached the disciplinary procedure.
RECOMMENDATION:
This matter came before the Court under section 20(1) of the Industrial Relations Acts 1946 – 2015. The Employer in this case neither attended nor was represented when the matter came before the Court.
On the basis of the information before it the Court finds that the procedures adopted by the Respondent Employer in this case did not comply with best practice, its own procedures nor with Statutory Instrument No. 146/2000. The procedures employed in this case failed to afford the Claimant access to fair procedures and deprived her of her right to have the matter dealt with in accordance with the principles of natural justice.
Accordingly, the Court finds that all decisions that flowed from the flawed procedure cannot stand.
Based on this reasoning the Court finds that the suspension imposed on the Claimant should be reversed and the consequent three days' loss of pay incurred by the Claimant be restored to her.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
07 December 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.