Labour Court Database __________________________________________________________________________________ File Number: CD94330 Case Number: LCR14503 Section / Act: S26(1) Parties: TRAVELLER FAMILIES' CARE - and - THREE WORKERS;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Redundancy.
Recommendation:
Having considered the submissions from the parties, and taking all
the circumstances of the case into account, the Court has come to
the conclusion that the position of the Traveller Families' Care
Organisation is not unreasonable and that, accordingly, the Union
should accept the redundancies and that the organisation should
increase its offer to 4 weeks' pay per year of service.
The Court so recommends.
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD94330 RECOMMENDATION NO. LCR14503
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
TRAVELLER FAMILIES' CARE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
THREE WORKERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
SUBJECT:
1. Redundancy.
BACKGROUND:
2. The Committee runs two residential care centres for children
in Co. Wicklow, one in Trudder House at Newtownmountkennedy
and one in Deralossary House in Roundwood. Both centres are
funded by the Eastern Health Board (E.H.B.). Trudder House
is staffed by seven care workers, a cook, a maintenance man
and three domestic workers. The dispute concerns a decision
by the Committee to make the three domestic workers
redundant. The three workers are employed part-time from
Monday to Friday.
At present, Trudder House cares for children on a long-term
basis. The Committee intends changing it to a short-term
centre, in which children will learn to cater for themselves.
The Committee also hopes to move the centre to West Dublin if
a suitable house can be located. Notices of redundancy were
issued to the three workers on 11th May, 1994, to be become
effective on 25th May, 1994. The E.H.B. agreed to fund a
statutory redundancy package. In addition, the Committee
offered severance terms of two weeks' pay per year of
service. The Union, on behalf of the workers, rejected the
offer.
At a meeting on 17th May, 1994, the Committee increased its
offer to three weeks' pay per year of service. Again the
offer was rejected and the dispute was referred to the Labour
Relations Commission. A conciliation conference took place
on 24th May, 1994, but no agreement was reached. The dispute
was referred to the Labour Court on 16th June, 1994, under
Section 26(1) of the Industrial Relations Act, 1990. A
Labour Court hearing took place on 4th July, 1994.
UNION'S ARGUMENTS:
3. 1. A redundancy situation does not exist for the three
workers. Their work will continue to be done by other
members of staff. The workers concerned have not been
given the opportunity to learn the skills involved which
would enable them to remain employed at the centre.
Other staff members have received training for this
purpose.
2. The centre is funded by the E.H.B. on an annual basis.
This year's budget has already been agreed, which would
indicate that no redundancies were intended by the
E.H.B.
COMMITTEE'S ARGUMENTS:
4. 1. The proposed changes in the services offered at Trudder
House are for the childrens' own benefit. It is
intended that they will learn to look after their own
needs. As such, the work of the three workers will
become redundant.
2. The proposed changes were discussed with the E.H.B. and
the childcare staff at the centre. It was agreed that
the changes are essential.
3. The Committee is unable to offer more than three weeks'
pay per year of service as the E.H.B. will only fund a
statutory package.
RECOMMENDATION:
Having considered the submissions from the parties, and taking all
the circumstances of the case into account, the Court has come to
the conclusion that the position of the Traveller Families' Care
Organisation is not unreasonable and that, accordingly, the Union
should accept the redundancies and that the organisation should
increase its offer to 4 weeks' pay per year of service.
The Court so recommends.
~
Signed on behalf of the Labour Court
14th July, 1994 Evelyn Owens
C.O.N./M.M. __________________
Deputy Chairperson
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.