Labour Court Database __________________________________________________________________________________ File Number: CD94324 Case Number: LCR14621 Section / Act: S20(1) Parties: B. O'MALLEY AND COMPANY - and - A WORKER;MANDATE |
Redundancy terms.
Recommendation:
The Court has considered the submissions made by the claimant.
The Company did not attend the hearing.
The Court finds the actions of this employer to be totally
unacceptable and contrary to what would be expected from any
responsible employer.
Further, given that the employer had indicated to the Court that
if the case was heard in Dublin he would attend, the Court finds
it reprehensible that he put this employee to the expense and
inconvenience of travelling to Dublin for a hearing he did not
attend.
The Court finds the employer has treated the employee concerned in
a shameful fashion and recommends she be paid three weeks' pay per
year of service plus the statutory entitlement in respect of her
service.
The Court so recommends.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD94324 RECOMMENDATION NO. LCR14621
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
B. O'MALLEY AND COMPANY
AND
A WORKER
(REPRESENTED BY MANDATE)
SUBJECT:
1. Redundancy terms.
BACKGROUND:
2. The worker was employed by the Company in Loughrea for
seventeen years. She was made redundant on 6th May, 1994.
The Company acted as agents for a number of insurance
companies. Her basic pay was #90 gross per week. She was
paid seven weeks' wages in lieu of notice and offered
statutory redundancy, which she refused. The Company claims
that it fulfilled its obligations to the worker.
The dispute was referred by the Union to the Labour Court on
9th June, 1994 under Section 20(1) of the Industrial
Relations Act, 1969. A Labour Court hearing took place on
27th October, 1994. The Company did not attend the hearing.
UNION'S ARGUMENTS:
3. 1. Late in 1989 the worker's employer became ill and the
worker took on full responsibility for the running of
the office until September, 1992. She continued to run
the office, under the supervision of another manager,
until she was made redundant.
2. The worker's rate of pay (#90 per week) was considerably
below normal for her position and responsibility. The
Company did not go into liquidation. It decided to
cease trading.
3. The premises in Loughrea have been sold for a large sum
of money. The statutory redundancy offered (#1,620 in
total) was extremely small.
RECOMMENDATION:
The Court has considered the submissions made by the claimant.
The Company did not attend the hearing.
The Court finds the actions of this employer to be totally
unacceptable and contrary to what would be expected from any
responsible employer.
Further, given that the employer had indicated to the Court that
if the case was heard in Dublin he would attend, the Court finds
it reprehensible that he put this employee to the expense and
inconvenience of travelling to Dublin for a hearing he did not
attend.
The Court finds the employer has treated the employee concerned in
a shameful fashion and recommends she be paid three weeks' pay per
year of service plus the statutory entitlement in respect of her
service.
The Court so recommends.
~
Signed on behalf of the Labour Court
6th December, 1994 Tom McGrath
C.O'N./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.