Labour Court Database __________________________________________________________________________________ File Number: CD91350 Case Number: LCR13354 Section / Act: S26(1) Parties: BOART EUROPE LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Clarification of Labour Court Recommendation L.C.R. 13294 and Clause 8 of Company/Union Agreement as to how they affect an employee chosen for redundancy.
Recommendation:
3. The Court has considered matters arising following the issue
of Recommendation No. L.C.R. 13294.
Having regard to the basis in which the particular worker whose
case is now at issue has been chosen for severance the Court is
satisfied that, all things being equal, an attendance record such
as his, is a reasonably objective criterion to use, within the
terms of the Company Union Agreement as it stands at present.
However having regard to the fact that the parties have agreed to
meet to clarify and if necessary amend the terms of the current
agreement the Court recommends that the Company not proceed with
further redundancies until new and more clearly defined criteria
for redundancy are agreed.
However in the event of agreement not being reached after a period
of 6 months the Court is of the opinion the Company should be free
to apply the existing agreement using the criterion of work
attendance if it is necessary to do so.
Division: Mr O'Connell Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD91350 RECOMMENDATION NO. LCR13354
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946
PARTIES: BOART EUROPE LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Clarification of Labour Court Recommendation L.C.R. 13294 and
Clause 8 of Company/Union Agreement as to how they affect an
employee chosen for redundancy.
BACKGROUND:
2. The Court investigated the above dispute on 12th July, 1991.
RECOMMENDATION:
3. The Court has considered matters arising following the issue
of Recommendation No. L.C.R. 13294.
Having regard to the basis in which the particular worker whose
case is now at issue has been chosen for severance the Court is
satisfied that, all things being equal, an attendance record such
as his, is a reasonably objective criterion to use, within the
terms of the Company Union Agreement as it stands at present.
However having regard to the fact that the parties have agreed to
meet to clarify and if necessary amend the terms of the current
agreement the Court recommends that the Company not proceed with
further redundancies until new and more clearly defined criteria
for redundancy are agreed.
However in the event of agreement not being reached after a period
of 6 months the Court is of the opinion the Company should be free
to apply the existing agreement using the criterion of work
attendance if it is necessary to do so.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
18th July, 1991 Deputy Chairman.
M.D./J.C.