Labour Court upholds €5,000 recommendation for College Proteins worker

The Labour Court upheld a €5,000 recommendation for a College Proteins worker who was placed on administrative leave during an internal investigation. The decision was signed on 8 August 2011. The employer had appealed a Rights Commissioner recommendation that a verbal warning be removed from the worker’s record and that she be compensated for distress. The Rights Commissioner found the company had acted hastily by placing her on leave before establishing whether she had a case to answer. The dispute followed the worker’s proposal to reduce a colleague’s hours after the colleague returned from pregnancy-related sick leave. The worker said she acted on management’s instructions; the company said it had not instructed her to reduce the hours and that leave was intended to prevent further stress during the investigation. The Labour Court found the Rights Commissioner’s conclusions fair and reasonable, affirmed the recommendation and disallowed the employer’s appeal. The bonus issue was not part of the original referral or recommendation.