Labour Court varies IBM recommendation after worker’s appeal

The Labour Court overturned and varied a Rights Commissioner’s recommendation in a worker’s appeal involving IBM. It found the evidence did not substantiate claims of unfair discipline or bullying and harassment, but recommended removing a lapsed warning from the worker’s file and helping him return to work. The decision was dated 11 March 2004. The worker also challenged overtime demands, which the Court found were not unreasonable, with hours within statutory limits. It considered the internal appeal process over the warning poorly handled, and said IBM should take measures to assist his reintegration into the workforce. The Court confined its consideration to the issue referred to the Rights Commissioner.