Labour Court Database __________________________________________________________________________________ File Number: CD87907 Case Number: LCR11563 Section / Act: S67 Parties: BROOKS THOMAS LTD - and - ATGWU/ITGWU/MPGWU;ETU;ITGWU;ASTMS;NUW&WM |
Rationalisation plan.
Recommendation:
3. The Court, having considered the major issues involved is
satisfied that the Company's future existence is dependant upon an
early and orderly reduction of the existing work force by a total
of 92 people, and a total reorganisation of the business of the
Company.
It also seems clear to the Court that in view of the comparatively
high average length of service of the present workforce that
redundancy terms equal to or better than those previously paid
would involve the Company in costs beyond its capacity to pay.
However, it is the opinion of the Court since the terms already on
offer by the Company are so clearly unacceptable, that some
improvement is necessary to resolve the present impasse which if
allowed to continue will lead to the total extinction of the
Company in the very near future.
The Court therefore recommends that the Company's offer be
improved by the payment of a fixed amount of #1250 to each of the
workers eligible for payments under the terms of the Company's
proposals of 3rd November, 1987.
In order further to facilitate an early implementation of the
redundancies the Court recommends a further payment of #750 to
those who have left or have volunteered to leave the Company by
the 31st December, 1987.
Such additional payments should be paid at the date of payment of
the first phase of the original terms.
In accordance with the terms of the first paragraph of this
Recommendation the additional terms are conditional on the
achievement by the Company of the necessary 92 redundancies.
Work Practices
The Court is of the opinion that the parties should negotiate on
the issues raised under this heading particularly in the light of
the Company's proposed reorganisation.
Reference Back
The Court is aware that implementation of the redundancy terms
will give rise to problems in individual cases which will require
detailed discussion and consideration and recommends that such
discussions begin directly.
The Court is further conscious of the necessity for an early
resolution of such difficulties and for agreement on the issues
arising under the heading of "Work Practices" and for this reason
will make itself available to the parties at short notice if
requested to recommend on issues of this nature should the need
arise.
Division: Mr O'Connell Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87907 RECOMMENDATION NO. LCR11563
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BROOKS THOMAS LIMITED
and
GROUP OF UNIONS
(I.T.G.W.U., A.T.G.W.U., M.P.G.W.U., A.S.T.M.S.,
N.U.W.W.M., S.M.A.U., E.T.U.)
SUBJECT:
1. Rationalisation plan.
BACKGROUND:
2. With reference to the Court's investigation of 2nd and 3rd
December, 1987 into the above dispute the following is the
Recommendation of the Court:-
RECOMMENDATION:
3. The Court, having considered the major issues involved is
satisfied that the Company's future existence is dependant upon an
early and orderly reduction of the existing work force by a total
of 92 people, and a total reorganisation of the business of the
Company.
It also seems clear to the Court that in view of the comparatively
high average length of service of the present workforce that
redundancy terms equal to or better than those previously paid
would involve the Company in costs beyond its capacity to pay.
However, it is the opinion of the Court since the terms already on
offer by the Company are so clearly unacceptable, that some
improvement is necessary to resolve the present impasse which if
allowed to continue will lead to the total extinction of the
Company in the very near future.
The Court therefore recommends that the Company's offer be
improved by the payment of a fixed amount of #1250 to each of the
workers eligible for payments under the terms of the Company's
proposals of 3rd November, 1987.
In order further to facilitate an early implementation of the
redundancies the Court recommends a further payment of #750 to
those who have left or have volunteered to leave the Company by
the 31st December, 1987.
Such additional payments should be paid at the date of payment of
the first phase of the original terms.
In accordance with the terms of the first paragraph of this
Recommendation the additional terms are conditional on the
achievement by the Company of the necessary 92 redundancies.
Work Practices
The Court is of the opinion that the parties should negotiate on
the issues raised under this heading particularly in the light of
the Company's proposed reorganisation.
Reference Back
The Court is aware that implementation of the redundancy terms
will give rise to problems in individual cases which will require
detailed discussion and consideration and recommends that such
discussions begin directly.
The Court is further conscious of the necessity for an early
resolution of such difficulties and for agreement on the issues
arising under the heading of "Work Practices" and for this reason
will make itself available to the parties at short notice if
requested to recommend on issues of this nature should the need
arise.
~
Signed on behalf of the Labour Court
John O'Connell
______________________________
4th December, 1987 Deputy Chairman.
U.M./J.C.