Medite Europe Dac v A Worker (Represented by Services Industrial Professional Technical Union)

• Jurisdiction: Ireland
• Judgment Date: 15 November 2018
• Judgment citation (vLex): [2018] 11 JIEC 1505
• Court: Labour Court (Ireland)
• Docket Number: FULL RECOMMENDATION,DECISION NO.LCR21824,ADJ-00010374 CA-00013788-001
• Date: 15 November 2018

Labour Court

FULL RECOMMENDATION

CD/18/176

DECISION NO.LCR21824

ADJ-00010374 CA-00013788-001

PARTIES:

Medite Europe Dac

and

A Worker (Represented by Services Industrial Professional Technical Union)

DIVISION:

Chairman: Mr Haugh

Employer Member: Ms Connolly

Worker Member: Ms Tanham

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer Recommendation No(S): ADJ-00010374 CA-00013788-001.

BACKGROUND:

2 2. On 14 June 2018 the Adjudication Officer issued the following Recommendation:

3 The issue which gave rise to the current dispute/complaint before me has been fully investigated, and appealed internally. I note the form of sanction is the lowest which can be given, and I note that the other personnel in the situation appear to also have been subject to some sanction. The verbal warning expired in October 2017 and should be long removed from the Complainant's file. I recommend that Management write to the Complainant confirming to him that the verbal warning has been removed from his file and will not be held against him in the future.

4 The Worker appealed the Recommendation of the Adjudication Officer on 13 July 2018. A Labour Court Hearing took place on 30 October 2018, the following is the Decision of the Court.

DECISION:

Background to the Dispute

5 This is the Worker's appeal of a Recommendation of an Adjudication Officer (ADJ-0000010374, dated 14 June 2018) under section 13 of the Industrial Relations Act 1969. The Worker's Notice of Appeal was received on 13 July 2018. The Court heard the appeal in Thurles on 30 October 2018.

6 The Company manufactures high-quality medium-density fibreboard (MDF). The Worker is employed as a Sander Operator and his duties include carrying out quality checks to ensure that product complies with the Company's quality standards. The dispute arises from a quality control incident that occurred on 7 April 2017 when the sander checks carried out by the Worker failed to detect “shives” (i.e. imperfections) on the surface of MDF panels.

7 The Union submits that the Worker has thirty years' unblemished service with the Company and performs his duties at all times to the best of his ability, including on 7 April 2017. He was extremely busy during the shift in question dealing with a blockage on the sander. In the circumstances, he was not in the control room at all times and therefore could not be expected to have observed the defects in the manufactured product at the same...