Sanctions reduced for worker who struck a cow
“Excessive” disciplinary sanctions imposed on a farm labourer who lashed out at a cow have been dramatically reduced. The worker at a Munster farming operation was initially suspended without pay for six months, but his employer has since reduced this to three months.
This followed a Workplace Relations Commission adjudication officer’s decision that the sanctions imposed on the man by an agricultural-sector employer were excessive.
Peter Glynn of Siptu, who represented the labourer at a hearing at the commission, said he was very upset at the way he was treated and had no money in the run-up to Christmas.
He said he is back at his job now, and confirmed that his employer reduced the sanctions taken that would have included a reduction in pay on his return to work.
“In fairness, the cow kicked him first,” he said. “He was putting a kick bar on. They were fairly young cows, getting ready for calving, and very lively with their feet.
‘Retaliated’
“He retaliated by hitting the cow with a kick bar. There was no serious damage, and the cow walked out of the parlour. There was no need for vets.”
He noted that if the man had to return to the bottom of his pay scale, he would lose the benefit of his length of service. It takes over 13 years to reach the top of the scale. The labourer was initially dismissed after admitting he hit the animal. After an appeal, this decision was reversed but other sanctions were imposed, including suspension without pay for six months.
It was also proposed that this pay be reduced by moving him from the top of his pay scale to the bottom. The appeal board handed down a final written warning that would remain on his personnel file for 24 months.
His employer said it is a minimum requirement that animals are handled with care and patience, and the misconduct was not acceptable in an organisation that provides agricultural education.
The farm labourer said it was a once-off incident in a 26-year career and no injury occurred to the animal.
In an anonymised decision in January, adjudication officer Conor Stokes noted that the worker admitted striking the animal in his care. “He noted that this was a momentary lapse due to frustration and irritation having been kicked by the animal,” he said. “He noted that the animal was not injured when he struck it.”
Mr Stokes considered the imposition of multiple sanctions unreasonable. “I consider that a three-month suspension without pay is reasonable in all the circumstances,” he said. He said he should remain on the pay increment he was on before the incident, but recommended a final written warning, that the worker undergo retraining in animal welfare, and his “reassignment” be reconsidered.