Labour Court Database __________________________________________________________________________________ File Number: CD9467 Case Number: LCR14401 Section / Act: S26(1) Parties: STONE DEVELOPMENTS LIMITED (BALLYBREW) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;BUILDING AND ALLIED TRADES UNION |
Claim for improved redundancy terms.
Recommendation:
Having considered the submissions of the parties, and the oral
evidence presented at the hearing, the Court accepts that the
workers in this case are covered by the terms provided for in the
Construction Industry Registered Employment Agreement. In view of
the general practice in the industry and in the company, and
having regard to the financial and trading position of the
company, the Court does not find grounds to recommend concession
of the Unions' claim for additional redundancy payments.
Division: Mr Heffernan Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD9467 RECOMMENDATION NO. LCR14401
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
STONE DEVELOPMENTS LIMITED (BALLYBREW)
(REPRESENTED BY THE CONSTRUCTION INDUSTRY FEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
BUILDING AND ALLIED TRADES UNION
SUBJECT:
1. Claim for improved redundancy terms.
BACKGROUND:
2. The Company is involved in the quarrying, cutting and
finishing of stone for architecture and monumental purposes. It
employs approximately 17 workers.
The dispute before the Court concerns the Unions' claim on behalf
of the workers concerned (3 stone cutters, 1 fitter) for severance
payments of 4 weeks pay per year of service (the Union states that
the fitter was unfairly selected for redundancy). The Company
rejects the claim. The employment of the workers was terminated
in October, 1993. They received statutory redundancy
entitlements.
The dispute was referred to the Labour Relations Commission. A
conciliation conference was held on 10th November, 1993, but no
agreement was reached. The dispute was referred to the Labour
Court on 1st February, 1994, for investigation and recommendation
under Section 26(1) of the Industrial Relations Act, 1990. A
Labour Court hearing took place on 21st March, 1994.
UNIONS' ARGUMENTS:
3. 1. The workers have been treated unfairly. They understood
when their employment was terminated that enhanced severance
payments would be paid.
2. The workers have given many years of loyal service and
have co-operated fully with the Company over a long period of
time. In similar circumstances workers in the industry have
received enhanced severance payments.
3. The Company is part of the Sisk Group of Companies and
is involved in a significant stone operation in Carlow. In
the circumstances the Company's position is unacceptable to
the Union.
4. The workers are seeking to be treated no less favourably
than other workers in similar circumstances.
COMPANY'S ARGUMENTS:
4. 1. The redundancies were necessary to secure the future
viability of the Company.
2. The majority of the workers concerned volunteered for
redundancy.
3. The workers are covered by the terms of the Construction
Industry Registered Employment Agreement. It is the practice
in the industry that only statutory entitlements are paid.
4. The Company is in a loss making situation and any
payments in excess of statutory entitlements would further
weaken the Company's competitive position and its prospects
for survival in the future.
5. There is no precedent within the Company for any
payments in excess of statutory entitlements.
RECOMMENDATION:
Having considered the submissions of the parties, and the oral
evidence presented at the hearing, the Court accepts that the
workers in this case are covered by the terms provided for in the
Construction Industry Registered Employment Agreement. In view of
the general practice in the industry and in the company, and
having regard to the financial and trading position of the
company, the Court does not find grounds to recommend concession
of the Unions' claim for additional redundancy payments.
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Signed on behalf of the Labour Court
18th April, 1994 Kevin Heffernan
F.B./M.M. _______________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.