WRC rule sanction against strikers who called colleagues 'scabs' and store manger an '***hole' justified
The Workplace Relations Commission (WRC) has found that Tesco was justified in issuing a final written warning to a worker who allegedly calling other staff members 'scabby babies' and 'scabs'.
This followed an application by the worker that the final written warning be removed from her personnel file.
The worker was one of 800 Tesco workers to engage in strike action in 16 Tesco outlets in counties Dublin, Kerry, Meath, Offaly and Wicklow in February of last year.
In another case, the WRC has also upheld a decision by Tesco to give a striking worker a final written warning for 12 months after she was alleged to have called a Tesco store manager an ‘***hole’ and made inappropriate remarks on Facebook - the woman claimed her Facebook account has been hacked.
In the aftermath of the strike, Tesco imposed disciplinary sanctions on a number of workers and now in 14 decisions issued by the WRC, the sanction imposed by Tesco has been upheld by the WRC in two instances, varied in seven cases and final written warnings removed in five cases.
A spokesman for MANDATE which represents 10,000 workers in TESCO said yesterday that it will be “strenuously contesting” the cases where the WRC upheld the disciplinary sanction imposed by TESCO.
The spokesman confirmed that MANDATE will be contesting the WRC rulings by appealing the decisions to the Labour Court.
He said that all of the decisions to be appealed to the Labour Court were procedurally flawed and there is no evidence that the woman made the ‘scab’ remarks or shouted at the woman and child.
In the case concerning the woman sanctioned for shouting at the woman and her child crossing the picket line, Tesco stated that it was in possession of social media ‘screen-shots’ where the woman referred to other staff as ‘scabs’ who provided cover at the store on the day.
The woman argued that she lawfully engaged in an industrial dispute under the protection of the 1990 Industrial Relations Act and denied any wrongdoing.
Tesco found that the worker was guilty of serious misconduct and although dismissal is an option in such circumstances, Tesco believed that the appropriate disciplinary action was to issue the worker with a final written warning.
Tesco stated that its commitment given at the Labour Court for an orderly and peaceful return to work with no recriminations on either side did not preclude management from investigating individuals for alleged inappropriate behaviour.
The worker in the case claimed that Tesco reneged on its commitment not to carry out any recriminations by instigating the disciplinary process.
MANDATE alleged that Tesco was involved in intimidation, victimisation or a campaign of corporate bullying and this was emphatically denied by the retailer.
In five other cases, Tesco workers were who picketed at stores where they didn’t work were issued with final written warnings to remain on file for 12 months.
At the WRC, this was reduced to eight months with each of the workers to receive €75 vouchers from Tesco.
Another worker alleged to have intimidated a customer and telling the customer to shop at another retailer was issued with a final written warning but had this expunged on appeal.
