Labour Court Database __________________________________________________________________________________ File Number: CD8938 Case Number: LCR12283 Section / Act: S20(1) Parties: W. & T. AVERY LIMITED - and - MANUFACTURING SCIENCE FINANCE |
Claim by the Union on behalf of an employee concerning his entitlement to higher pension based on retirement due to ill-health.
Recommendation:
5. The recommendations contained in the medical evidence
furnished to the Court are to the effect that the claimant should
be allowed to retire on the grounds of ill-health. The Court has
also noted that the Company is agreeable to his taking such early
retirement. Having regard to the foregoing the Court recommends
that the Company pursue the case with the Trustees on this basis.
Division: Mr Fitzgerald Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD8938 RECOMMENDATION NO. LCR12283
INDUSTRIAL RELATIONS ACT, 1969
SECTION 20(1)
PARTIES: W. & T. AVERY LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Claim by the Union on behalf of an employee concerning his
entitlement to higher pension based on retirement due to
ill-health.
BACKGROUND:
2. The worker concerned has been employed by the Company since
1948. During that period he has held various positions, mainly as
a services mechanic/engineer. Between 1961 and 1982 he worked in
Africa for Avery Ghana, Avery Nigeria and Avery Kenya, (details
supplied to the Court). In 1982, he returned to Ireland and was
appointed by the Company as Services Supervisor for Munster. Due
to serious illness he approached the Company in early 1987,
requesting early retirement on the grounds of ill-health, (medical
reports supplied to the Court). His application was turned down
in May, 1987, by the Trustees of the Pension Fund in England. The
Trustees in October, 1987, and March, 1988, again turned down
further requests for his early retirement on health grounds. At
no stage did local management turn down his request. On 28th
July, 1988, the Company wrote to the employee concerning his
position within the Company. He had been on sick leave since May,
1987, and the Company felt his absence was having a detrimental
effect on their ability to run the business efficiently. As a
result they offered him alternative employment as a Service
Mechanic, should his health allow, or early retirement. The
Company also informed him that should he be unable to return to
work or elect not to take early retirement then they would have no
alternative but to issue notice of termination of employment. On
13th January, 1989, the Union referred the matter to the Labour
Court under Section 20(1) of the Industrial Relations Act, 1969.
Prior to a Court hearing on 7th February, 1989, the Union agreed
to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The worker concerned has been in the Company's employment
for 40 years. It is not unreasonable that after that period
he should be in receipt of a reasonable pension. Under the
pension plan there is a provision for early retirement due to
ill-health. That portion of the plan means nothing if workers
in obvious ill-health, with medical evidence to back it up,
cannot avail of it.
2. The difference in pension between early retirement and
early retirement due to ill-health is in excess of #2,000 per
annum. The worker concerned is entitled to that as the case
for ill-health has been proven.
3. The Union requests the Court to recommend that the worker
concerned is entitled to retire due to ill-health. Hopefully,
on receipt of such a recommendation the Trustees will
implement same.
COMPANY'S ARGUMENTS:
4. 1. The Company has tried on several occasions to get the
Trustees to accept the worker's request for retirement on
health grounds. Two different doctors were requested to
furnish the necessary medical evidence which the Company
forwarded to the Trustees. The Company indicated that it was
satisfied with the medical evidence.
2. The Company, in an effort to help the worker concerned,
decided to get an independent medical report. This was
forwarded to the Trustees, however, the request was rejected
again. The 3rd request on behalf of the worker was forewarded
by the Personnel Executive of the British parent Company. All
the Company's efforts have been unsuccessful.
RECOMMENDATION:
5. The recommendations contained in the medical evidence
furnished to the Court are to the effect that the claimant should
be allowed to retire on the grounds of ill-health. The Court has
also noted that the Company is agreeable to his taking such early
retirement. Having regard to the foregoing the Court recommends
that the Company pursue the case with the Trustees on this basis.
~
Signed on behalf of the Labour Court,
Nicholas Fitzgerald
__21st__February,___1989. _______________________
B. O'N. / M. F. Deputy Chairman