Labour Court upholds warning in Wexport worker’s appeal

The Labour Court upheld a Rights Commissioner’s recommendation that a final written warning remain on a worker’s file until 2 August 2006, with the wording amended to exclude “bullying”. The decision was dated 14 February 2007. The worker appealed the recommendation. Wexport Limited said its investigation found, on the balance of probabilities, that the incident occurred as reported by the Team Leader. The Services Industrial Professional Technical Union denied that account, saying the Shop Steward had intervened after colleagues asked for help and later complained to management about the Team Leader’s attitude. The Court found the investigation and disciplinary action appropriate and agreed with the recommendation on the warning’s expiry date and amended wording. The worker’s appeal failed.