Labour Court varies Carton Brothers warning recommendation on appeal

The Labour Court upheld the removal of a maintenance fitter’s verbal warning but rejected the other recommendations made by a Rights Commissioner. The Court’s decision, dated 27 June 2008, followed an appeal by Carton Brothers Ltd. The worker, employed by the company since 1977, said management had acted abusively and unreasonably and that the warning was unwarranted. The company said his performance was below the required standard and that a warning was appropriate. The Court found that concerns about workplace bullying and work performance should not have been considered together. It upheld the recommendation that the warning be removed, but varied the recommendation by declining to uphold its other clauses, including the proposal for an opportunity to pursue the complaint with an independent specialist.