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Labour Court rejects worker’s appeal over Marks & Spencer disciplinary sanction

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court disallowed a worker’s appeal and affirmed a recommendation reducing her disciplinary sanction at Marks & Spencer Ireland from stage 3 to stage 1. The decision was signed on 17 April 2008. The worker, represented by Mandate, challenged a written warning after an allegation that she used inappropriate language about another section manager. Her union argued the investigation was unfair. Marks & Spencer Ireland said the conduct breached its dignity-at-work policy and its investigation and sanction were reasonable. The warning meant she did not receive a €1,000 bonus and also affected a possible pay review and promotion or transfer opportunities. The Court found the Rights Commissioner had considered all relevant factors and that the recommendation was appropriate.

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