The Labour Court amended a Rights Commissioner’s recommendation in a dispute between Marks & Spencer (Ireland) Limited and a worker over two written warnings. The decision was signed on 14 February 2001.
The worker’s union appealed, seeking withdrawal of the warnings and compensation. It said the company had taken too long to address the worker’s complaint about a supervisor and had not properly investigated two later incidents. The company said the warnings followed misconduct and that it had investigated both incidents carefully.
The Court found that the company took too long to investigate the supervisor complaint and did not adequately address the investigation’s outcome. It said the delay worsened the situation and recommended that the company seriously consider contributing to medical expenses. The Court also found the first warning was warranted, but said it should be treated as expired from 18 January 2001; the second warning should expire at the same time. The Rights Commissioner’s recommendation was amended accordingly.