Dunnes Stores has been told by the Labour Court to change its internal disciplinary procedures to allow employees the right to trade union representation. The court found in favour of the union Mandate in a case taken on behalf of three of its members in Tralee, Co Kerry, who were suspended last year for alleged breaches of company policy.
Management subsequently cancelled disciplinary hearings for the three when they turned up in the presence of union officials.
Mandate claimed that the company's stance was a breach of the code of practice on grievance and disciplinary procedures, which came into effect in 2000.
The code states that an employee facing a disciplinary hearing has the right to be represented during procedures. The types of representation allowed include a colleague of the worker's choice or a registered trade union.
Dunnes Stores told the court that it had not breached the code in denying the Mandate members the right to trade union representation.
It said the company did not negotiate with trade unions and its disciplinary procedures unequivocally stated that an employee could be represented by a friend or colleague only.
The company argued that the code permitted an employer to choose between the types of representation available to an employee facing a disciplinary hearing.
Lawyers acting for the company told the court that an employer could opt for trade union representation for the worker involved, or for representation by a colleague.
However, the court found that the employee, and not the employer, had the right to decide who should represent them.
"A contrary conclusion would not accord with the principles of natural justice, nor with accepted standards of objective fairness," it said.
Accordingly, it was the court's opinion that a refusal to allow an employee representation by a registered trade union constituted a breach of the code.
In a recommendation published on its website, www.labourcourt.ie, the court said the company should amend its disciplinary procedures forthwith to ensure they complied with the code of practice.
