The Labour Court rejected an appeal by the Services Industrial Professional Technical Union (SIPTU) on behalf of an orderly at Wexford General Hospital, upholding a Rights Commissioner’s recommendation on disciplinary action after a sexual harassment finding. The Court’s decision was dated 23 June 1997.
South Eastern Health Board had found that the worker sexually harassed a colleague and was guilty of gross misconduct. It suspended him without pay for three months from 20 December 1996 and told him he would not be considered for night duty when he returned.
SIPTU argued that there was no evidence to support the allegations and that removing the worker from night duty would cost him premium payments. The Board said it had investigated the complaint under its procedures and that severe discipline was warranted.
The Court noted that both sides agreed the Board’s investigation was proper and thorough, and that the Rights Commissioner’s investigation was exhaustive. It found the recommendation reasonable and rejected the appeal.