The Workplace Relations Commission recommended that a retail chain remove a customer assistant’s final written warning immediately, after finding the same person investigated the case and conducted the disciplinary hearing. The recommendation was dated 10 May 2018.
The worker, who was based at the chain’s Santry store, said the warning punished her for taking part in lawful industrial action. The chain said Santry was not covered by the strike notices and that she had been absent without authorisation. The officer agreed that the store was not covered and considered the warning justified, but found the combined investigation and disciplinary role breached the chain’s procedure.
The officer recommended that the warning remain on file for six months rather than 12. As it had been issued on 1 June 2017, he said it should be removed immediately.