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Labour Court rejects Andrius Babianskas’s appeal over penalisation finding

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court rejected Andrius Babianskas’s appeal against a finding that First Glass Limited had not penalised him under the Safety, Health and Welfare at Work Act. The determination was dated 20 June 2016.

Babianskas argued that a disciplinary hearing was linked to complaints he had made under the Act. The hearing followed his absence from work after his daughter’s birth; he said he had withheld advance notice because of complications in a previous pregnancy and wanted to keep the pregnancy confidential. First Glass said the meeting concerned whether he had followed its leave procedures and that it imposed no sanction.

The Court found it was not unreasonable for the company to investigate unauthorised leave and that no disciplinary sanction or other detriment resulted. It found the complaint was not well founded and upheld the earlier decision for different reasons.

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