Labour Court upholds Dingle hotel worker’s appeal over written warning

The Labour Court upheld a worker’s appeal over a written warning issued by Eupreia Limited T/A Dingle Hotel & Peninsula, overturning the Rights Commissioner’s recommendation. The decision was signed on 11 October 2013. The Court found the warning too severe and procedurally unfair. The worker had arrived an hour early to meet work demands, could authorise his own break and had told colleagues where he was going. It also found some disciplinary sanction appropriate because he was responsible for ensuring the kitchen functioned properly that evening. The Court said the verbal warning imposed in April 2011 should have been extended by six months. The Rights Commissioner had dismissed the worker’s claim because he did not attend that hearing. The worker appealed, represented by the Services Industrial Professional Technical Union. The union argued the investigation was not impartial and that he had not been given a fair chance to respond to witness evidence. The company said the warning was appropriate because he left during a busy service period and that it had followed its procedures.