Labour Court Database __________________________________________________________________________________ File Number: CD88414 Case Number: LCR11987 Section / Act: S67 Parties: WEATHERGLAZE ANGLIAN LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim for redundancy compensation in excess of the statutory payment for 40 workers.
Recommendation:
5. The Court having considered the submissions from the parties
is of the view that in its present financial situation, the
Company could not afford to pay redundancy in excess of statutory
entitlements. The Court further notes the undertaking from the
Company to implement in full the terms of the Minimum Notice and
Terms of Employment Act, 1973.
In the circumstances, the Court does not recommend additional
redundancy payments.
Division: Ms Owens Mr Heffernan Mr Devine
Text of Document__________________________________________________________________
CD88414 RECOMMENDATION NO. LCR11987
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WEATHERGLAZE ANGLIAN LIMITED
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim for redundancy compensation in excess of the statutory
payment for 40 workers.
BACKGROUND:
2. The Company has serious trading difficulties and losses in the
year nineteen eighty seven amounted to £1.4 million. As a result
of a rationalisation programme the workforce has been reduced
significantly by being laid-off. When they claim their redundancy
entitlements they are offered statutory payment only and do not
receive statutory minimum notice or pay in lieu of that notice.
The Union has claimed redundancy compensation over and above the
statutory entitlements and has also claimed that its members be
paid in lieu of notice. The Company states that because of severe
financial difficulties it is only in a position to pay the
employees their statutory redundancy entitlements. As no
agreement could be reached in discussions at local level the
dispute was referred to the Conciliation Service of the Labour
Court on the 7th March, 1988. A Conciliation Conference took
place on the 4th May, 1988 but no agreement was reached. The
matter was referred to the Labour Court for investigation and
recommendation on the 31st May, 1988. A Court hearing took place
on the 19th July, 1988. At the hearing the Company agreed to pay
the employees in lieu of statutory notice.
UNION'S ARGUMENTS:
3. 1. In the past eighteen months the Company have laid off many
employees and indications are that the numbers will be further
reduced. In December, 1987 the Company introduced a
rationalisation programme and the effect of this
rationalisation was that employees had to do extra work for a
reduced wage. In order to assist the Company, the Union and
its members accepted the Company's proposals.