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Labour Court overturns warning withdrawal recommendation on Musgrave appeal

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court overturned a Rights Commissioner’s recommendation to withdraw a worker’s verbal warning, allowing Musgrave Supervalu Centra Limited’s appeal. The Court’s decision was dated 28 February 2007. The worker was a Distribution Team Member at the company’s Fonthill Road Depot. The company said he had a long record of absences and that its attendance controls were appropriately applied. The union argued that most of the recent absence followed an accident at work and supported withdrawing the warning. The Court said management’s attendance controls were appropriately applied in a business where dependability was important. It overturned the recommendation in its entirety, so the verbal warning was not withdrawn.

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