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WRC recommends cleaner return to work after warning appeal process fault

By Ruairí Dolan

Workplace Relations Commission ·

The WRC recommended that a cleaner return to work at a new location and that her final written warning expire and be removed from her record if she returned. In a decision dated 27 April 2018, the WRC also found that one of her Industrial Relations complaints partly succeeded because the same general manager handled both the initial hearing and the appeal. The cleaner had been off work after refusing to move to a new site. She said the transfer was retaliation for making a bullying complaint. The company said it had considered relocation before that complaint and had a contractual right to assign her to another location. The WRC found the company had the right to transfer her and that the move was not penalisation. It dismissed her Payment of Wages complaint, finding she had refused a legitimate instruction to attend the new site. The penalisation complaint also failed. Her other Industrial Relations complaint led to the return-to-work recommendation.

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