Dublin City Council v A Worker (Represented by Ferrys Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 23 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 2301
• Docket Number: FULL RECOMMENDATION DECISION NO. LCR21646 ADJ-00007912 CA-00010622-001
• Date: 23 January 2018
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

CD/17/344

DECISION NO. LCR21646

ADJ-00007912 CA-00010622-001

PARTIES:

Dublin City Council

and

A Worker (Represented by Ferrys Solicitors)

DIVISION:

Chairman: Mr Haugh

Employer Member: Mr Marie

Worker Member: Ms Tanham

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No. ADJ-00007912.

BACKGROUND:

2 2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 27 October 2017 the Adjudication Officer issued the following Recommendation:-

• “The recording of conversations unkowns to another party is not acceptable as evidence. I have considered the correspondence between all the parties. I accept that the sanction is based on a breach of Disciplinary Policy (i.e. insubordination and refusal to carry out a reasonable instruction of a Supervisor). I therefore accept the decision made by the HR Department on appeal is fair and reasonable in the circumstances. I do not find the claim well founded and it fails” .

3 The Worker appealed the Adjudication Officer's Decision to the Labour Court on the 22 November 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

4 A Labour Court hearing took place on the 4 January 2018.

DECISION:

Background to the Dispute

5 This matter came before the Court by way of an appeal brought by the Worker against a Recommendation of an Adjudication Officer (ADJ-00007912, dated 27 October 2017). The Notice of Appeal was received by the Court on 22 November 2017. The Court heard the appeal in Dublin on 4 January 2018.

6 The Worker has been employed by the Respondent Council as a General Operative in its Housing Maintenance Division since 7 June 2006. The Worker was involved in a verbal altercation with his Foreman on 10 November 2016. The Foreman subsequently submitted a written complaint by email dated 24 November 2016 to Mr John McEvilly, Administrative Officer in the Housing Maintenance Division. Mr McEvilly then proceeded to investigate the complaint pursuant to the Respondent's Disciplinary Policy. He interviewed the Worker, the Foreman and a witness to the altercation that occurred on 10 November 2016. Mr McEvilly determined that the complaint was well-founded and imposed a sanction on the Worker which consisted of: (i) a Final Written Warning to remain on his record for 12 months; and (ii) re-deployment to another depot. The latter element of the sanction...