Labour Court Database __________________________________________________________________________________ File Number: CD88199 Case Number: LCR11767 Section / Act: S67 Parties: IRISH SHELL LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Proposed compulsory redundancies and the contracting of work out.
Recommendation:
3. The Court has carefully considered the submissions made by the
parties in this case. It notes the efforts made by both parties
in the past years to adapt to changes in the market and the fact
that so far, the industry as a whole, as well as the Company has
avoided compulsory redundancy. As volume of work diminish it
would seem clear that volunteers for redundancy would become more
difficult to find. In the circumstances, it also seems inevitable
that the Company will be forced to make compulsory redundancies
and the Court cannot make a recommendation which would diminish
the employers right to act accordingly.
However in this particular case in a final effort to avoid this
situation and give time for further consideration of the terms on
offer the Court recommends that the Company delay its intended
implementation of compulsory redundancies for a further period of
two months in the hope that sufficient numbers will opt for
voluntary terms.
On the question of contracting out certain work, how the Company
chooses to conduct its operations is entirely a matter for it to
decide. If any of the contracts are made available to redundant
employees the Court recommends that should employees find them
beneficial that they accept them.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD88199 RECOMMENDATION NO. LCR11767
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH SHELL LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Proposed compulsory redundancies and the contracting of work
out.
BACKGROUND:
2. The Court investigated the above dispute on 24th March, 1988.
The following is the Court's recommendation.
RECOMMENDATION:
3. The Court has carefully considered the submissions made by the
parties in this case. It notes the efforts made by both parties
in the past years to adapt to changes in the market and the fact
that so far, the industry as a whole, as well as the Company has
avoided compulsory redundancy. As volume of work diminish it
would seem clear that volunteers for redundancy would become more
difficult to find. In the circumstances, it also seems inevitable
that the Company will be forced to make compulsory redundancies
and the Court cannot make a recommendation which would diminish
the employers right to act accordingly.
However in this particular case in a final effort to avoid this
situation and give time for further consideration of the terms on
offer the Court recommends that the Company delay its intended
implementation of compulsory redundancies for a further period of
two months in the hope that sufficient numbers will opt for
voluntary terms.
On the question of contracting out certain work, how the Company
chooses to conduct its operations is entirely a matter for it to
decide. If any of the contracts are made available to redundant
employees the Court recommends that should employees find them
beneficial that they accept them.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
31st March, 1988.
A.K./J.C. Deputy Chairman