Case Number: ADJ-00026996. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00026996
Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute. A remote hearing took place on 01/12/2020.

Background:

The employee is employed as Ramp Agent with the employer. The employment commenced on 01/08/2017. The employee’s rate of pay is €11.56 per hour and works 33 hours per week. On 07/08/2019 the employee was allocated to a flight. She advised her team leader (Mr A) that she was due to finish at 17.30. The team leader said she could leave at 17.15. A second team leader (Ms B) was also on the flight. An incident took place between Ms B and the employee. Arising from this a workplace investigation took place. This resulted in disciplinary action been taken and the employee was issued with a verbal warning. This sanction was upheld on appeal.

The employee is seeking to have a recommendation that the warning was unwarranted and that she should be rewarded for the unnecessary stress and anxiety caused by this matter.

Summary of Employee’s Case:

The employee was on duty on 07/08/2020. She was allocated to a flight and she advised her Team Leader (Mr A) that she was due to finish at 17.30. As the flight was delayed Mr A advised the employee that she could go back to the canteen as she was due to finish soon. Mr A asked Ms B to ask the employee to walk back as they needed the vehicle known as an ETB to be available for an incoming flight. The employee was sitting in one of those ETB’s and Ms B used a hand signal to indicate that the employee should walk back. The hand signal was used as ear protectors are worn in the ramp environment due to the surrounding noise levels.

An interaction took place between Ms B and the employee. It was reported by Ms B that this interaction became abusive and that there was shouting and screaming involved. The employee disputes this and submits that she has carried out her duties and responsibilities with professionalism and diligence.

Arising from the incident the employer conducted an investigation which resulted in a disciplinary hearing. This resulted in the employee being issued with a verbal warning which would remain in force for a period of six months in line with the employer’s disciplinary policy. This sanction was upheld on appeal.

It was submitted on behalf of the employee that the employer was...

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