Labour Court Database __________________________________________________________________________________ File Number: CD93101 Case Number: LCR13948 Section / Act: S26(1) Parties: DEPARTMENT OF FINANCE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning redundancy compensation for Secretarial Assistants employed by Political Parties in the Dail.
Recommendation:
5. Having considered all of the views expressed by the parties in
their oral and written submissions, the Court considers that,
given the issues raised during the investigation, the employers'
side should examine the nature of the present employment contract
of the employees concerned with a view to providing arrangements
which more effectively and clearly reflect the unique nature of
the employment concerned. These arrangements should be fully
discussed and agreed with the employees concerned and their
representatives.
In the light of the present situation and the unique circumstances
of the employment concerned the Court considers that where
severance occurs compensation should be made of 4 weeks' pay per
year of service plus statutory entitlement with a minimum payment
of 2 months' salary.
Every effort should be made to achieve the necessary staff changes
through voluntary means.
The Court so recommends.
CLARIFICATION:
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CLARIFICATION:
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CLARIFICATION:
+-----------------------------------------------------------
| +------------------------------+ |
| |EMERGENCY EVACUATION CHECKLIST| |
| +------------------------------+ |
+-----------------------------------------------------------
+-----------------------------------------------------------
| +-----------------------------------------+ |
| | SENIOR STAFF WARDEN : Assumpta Mc Gill. | |
| | | |
| | DEPUTY STAFF WARDEN : Liz Mooney. | |
| +-----------------------------------------+ |
| |
| EVACUATION |
| FLOOR STAFF WARDENS CONFIRMED |
| |
| +--------------------------+ +---+ |
| +--------+ |Liz Mooney |=====>| | |
| | GROUND |====>| | +---+ |
| +--------+ |Damien Hayes |=====>| | |
| +--------------------------+ +---+ |
| +--------------------------+ +---+ |
| +--------+ |Aoibheann N� Shuilleabha�n|=====>| | |
| | FIRST |====>| | +---+ |
| +--------+ |Tommy Whyte |=====>| | |
| +--------------------------+ +---+ |
| |
| +--------------------------+ +---+ |
| +--------+ |Marian Smith |=====>| | |
| | SECOND |====>| | +---+ |
| +--------+ |Garry Dixon |=====>| | |
| +--------------------------+ +---+ |
| |
| +---------------------------+ +---+ |
| +--------+ |Paul O'Connor |====>| | |
| | THIRD |====>| | +---+ |
| +--------+ |John Coffey |====>| | |
| +---------------------------+ +---+ |
| +---------------------------+ +---+ |
| +--------+ |Una Sheerin |====>| | |
| | FOURTH |====>| | +---+ |
| +--------+ |Mary Hester |====>| | |
| +---------------------------+ +---+ |
+-----------------------------------------------------------
Division: MrMcGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD93101 RECOMMENDATION NO. LCR13948
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DEPARTMENT OF FINANCE
FIANNA FAIL
FINE GAEL
DEMOCRATIC LEFT
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning redundancy compensation for Secretarial
Assistants employed by Political Parties in the Dail.
BACKGROUND:
2. 1. Secretarial Assistants for non office-holding Deputies,
Senators and for Political Party Administration are recruited
and employed by the Political Parties and are paid by the
Department of Finance. Following the result of the recent
Dail and Seanad elections, a number of Secretarial Assistants
employed by Fianna Fail, Fine Gael and Democratic Left are
being made redundant. The total number of Secretarial
Assistants employed by the combined Political Parties remains
unchanged.
2. An arrangement introduced in 1981 for similar workers
employed by Ministers' Offices compensates workers who are
made redundant as a result of political changes as follows:
1. Lump sum payment based on length of service - 2.50
weeks' pay per year of service subject to a minimum
payment of one month's pay.
2. Statutory entitlements under the Redundancy Payments
Acts and the Minimum Notice and Terms of Employment Act.
3. Preserved Pension at age 60 for staff with at least 5
years' reckonable service.
This arrangement was extended in 1987 to cover Secretarial
Assistants employed by the Political Parties.
4. The Union is seeking an improvement in the redundancy
terms. Local negotiations proved unsuccessful and the dispute
was referred to the Conciliation Service of the Labour
Relations Commission. A conciliation conference was held on
4th February, 1993. A negotiated settlement was not possible
and the dispute was referred to the Labour Court on 5th
February, 1993 under Section 26(1) of the Industrial Relations
Act, 1990. The Labour Court investigation took place on 5th
February, 1993.
UNION'S ARGUMENTS:
3. 1. Secretarial Assistants involved in the dispute have an
average service of 3 years. In most instances, the severance
payment on offer would represent less than 2 months' salary.
This contrasts with the severance payments received by
out-going TD's (details supplied).
2. In recent weeks, there has been an intake of new
Secretarial Assistants while other workers are being made
redundant irrespective of their length of service, quality of
service or level of expertise. The workers are employed on a
temporary basis which would not be tolerated in most other
employments.
3. Compulsory redundancies are being sought despite the fact
that Procedural Agreements with the Political Parties state
that every avenue for redeployment should be explored with a
view to achieving alternative employment for the workers. The
numbers being made redundant on a compulsory basis could be
substantially reduced if adequate severance terms were
offered. Average severance terms within the public service
are from 4.5 to 6 weeks' pay (details supplied).
EMPLOYERS' ARGUMENTS:
4. 1. The redundancy terms offered have been taken up by
approximately 40 workers since they were introduced. The
existing terms have been in operation for the last two general
elections, without contention.
2. The composition of the Secretarial Assistants may alter
from election to election but the total number on the payroll
remains unchanged. Unlike other redundancy packages, the
arrangements introduced in 1987 are not designed to achieve a
reduction in staff numbers. The total payroll costs remain
the same.
3. The workers are remunerated out of public funds and are
recruited and employed by the Political Parties. Their
employment prospects are linked to those of Political Party
members. This is explicitly reflected in the employment terms
accepted by the workers of at least one of the Political
Parties, which state that workers are employed from Dail to
Dail.
RECOMMENDATION:
5. Having considered all of the views expressed by the parties in
their oral and written submissions, the Court considers that,
given the issues raised during the investigation, the employers'
side should examine the nature of the present employment contract
of the employees concerned with a view to providing arrangements
which more effectively and clearly reflect the unique nature of
the employment concerned. These arrangements should be fully
discussed and agreed with the employees concerned and their
representatives.
In the light of the present situation and the unique circumstances
of the employment concerned the Court considers that where
severance occurs compensation should be made of 4 weeks' pay per
year of service plus statutory entitlement with a minimum payment
of 2 months' salary.
Every effort should be made to achieve the necessary staff changes
through voluntary means.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
_____________________
8th March, 1993. Deputy Chairman
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.