SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
TESCO IRELAND LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY MANDATE)
Chairman: Ms Jenkinson
Employer Member: Mr Marie
Worker Member: Mr Shanahan
1. An appeal of an Adjudication Officer's Decision no ADJ-00005515.
2. This case concerns the disciplinary sanction issue by the Employer to the Claimant.
- This matter was referred to an Adjudication Officer for investigation and Recommendation. The Adjudication Officer did not find in favour of the Claimant’s claim.
The Claimant appealed the Adjudication Officer’s Recommendation to the Labour Court on the 17 May 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 29 June 2017.
This is an appeal by the Union on behalf of a worker against the Recommendation of an Adjudication Officer Adj-00005515 into his claim regarding the issuing of a final written warning to him on 12th August 2016. The Adjudication Officer did not find in favour of the Claimant’s claim.
The Claimant commenced employment with the Company in October 2014as a driver in its dot-com operationin its Clarehall store.
On 11thMarch 2016, the Claimants’ Line Manager made a complaint about the Claimant’s behaviour towards her in the Dot Com loading area that day.
Following a disciplinary process the Claimant was issued with a final written warning in writing on 12thAugust 2016. This sanction was upheld on appeal. By letter dated 13thOctober 2016 the Claimant was informed that the sanction of the final written warning was to remain on his file for one year effective from 11thMarch 2016. It has since expired and is no longer active on his personnel file.
The Union on behalf of the Claimant submitted that the Company had failed to carry out its investigation in a fair and objective manner and sought to have the warning expunged from the Claimant’s personnel file.
The Company disputed the Union’s contention and held that it had engaged in a fair process.
At the hearing before the Court the Company confirmed that the warning was no longer active and would not be referenced again. The Company committed to write to the Claimant to confirm the position that the final written warning which expired on
11thMarch 2017 will not be quoted/referenced by it in the future.
The Court is satisfied that the above commitment given by the Company resolves the matter and on that basis the Court allows the appeal. Accordingly, the Adjudication Officer’s Recommendation is overturned.
The Court so Decides.
Signed on behalf of the Labour Court
30 June, 2017Deputy Chairman
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.