Labour Court Database __________________________________________________________________________________ File Number: CD86871 Case Number: LCR10897 Section / Act: S20(1) Parties: FLORIDAN GROUP LTD - and - IDATU |
Claim on behalf of three workers, a manageress and two sales staff, concerning redundancy compensation.
Recommendation:
5. In the circumstances of this case, the Court recommends that
the Company implement their offer of redundancy payment as set out
in the letter of 11th April, 1985, (Copy submitted).
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD86871 THE LABOUR COURT LCR10897
SECTION 20(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10897
Parties: THE FLORIDAN GROUP LIMITED
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
Subject:
1. Claim on behalf of three workers, a manageress and two sales
staff, concerning redundancy compensation.
Background:
2. Up until early 1984 the Group, which is British based, traded
through Switzers, in Dublin, in the sale of wigs. In April, 1984
the Group's three employees in Switzers received notification that
they were to be made redundant. Negotiations took place on the
telephone between the Union and the Group and an offer of two
weeks' pay per year of service was made in respect of the
supervisor and statutory entitlements to the other two staff.
This offer was rejected and the closure of the outlet at Switzers
was postponed from 30th May, 1984 to 30th June, 1984. The Union
on 5th November, 1984, referred the question of redundancy
compensation to the conciliation service of the Labour Court. The
Group, however, was not willing to attend a conciliation
conference. The matter was referred to a full hearing of the
Labour Court on 17th January, 1985 but this referral was withdrawn
pending further local negotiations. By letter, dated 11th April,
1985 (copy supplied to the Court), the Group, through the F.U.E.,
offered settlements as follows: Manageress: #2,198. Worker B
(named): #721, worker C (named): #257.50. The Union, by letter
of 16th April, 1986, indicated its acceptance of these sums and
requested that the cheques be forwarded. This never occurred. On
7th July, 1986 the matter was again referred to the Court. A
hearing took place on 11th December, 1986. The Group were not
represented at the hearing but forwarded a statement to the Court,
a copy of which was supplied to the Union.
Union's arguments:
3. (i) The Union is seeking that the amounts of compensation
offered by letter dated 11th April, 1985, be paid, plus
all interest accruing on these figures.
(ii) The Union considers that the employees have been poorly
treated, particularly the manageress, who has twelve
years' service.
Group's arguments:
4. The Group's statement to the Court pointed out that the
employees were employed under a U.K. contract of employment and
were paid U.K. redundancy terms, and that, in these circumstances,
it was believed that the Group had carried out its obligations.
RECOMMENDATION:
5. In the circumstances of this case, the Court recommends that
the Company implement their offer of redundancy payment as set out
in the letter of 11th April, 1985, (Copy submitted).
~
Signed on behalf of the Labour Courts
Evelyn Owens
_______________________
Deputy Chairman.
7th January, 1987.
A.K./J.C.