Labour Court rejects union appeal over Marks and Spencer promotion decision

In 1993, the Labour Court rejected the Irish Distributive And Administrative Trade Union’s appeal and upheld a Rights Commissioner’s recommendation that a worker’s compensation claim fail. The decision was dated 26 March 1993. The dispute concerned a temporary early-morning controller vacancy at Marks And Spencer (Ireland) Limited’s Mary Street store. The worker was not interviewed because her absences exceeded the company’s 4% threshold. The union argued that an interview would have let her explain her absences. The company said reliable attendance mattered for a role managing a team starting at 7am.