Labour Court Database __________________________________________________________________________________ File Number: CD9439 Case Number: AD9438 Section / Act: S13(9) Parties: KEANES PHARMACY - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal against Rights Commissioner's Recommendation No. BC331/93.
Recommendation:
The Court finds no grounds which would warrant any alteration to
the Rights Commissioner's Recommendation, and accordingly decides
that the appeal be rejected.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD9439 APPEAL DECISION NO. AD3894
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
KEANES PHARMACY
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No.
BC331/93.
BACKGROUND:
2. 1. The Employer opened a family run pharmacy business in
1983. The Employer made the most recently employed
worker redundant on 19th June, 1993. A dispute arose
concerning the amount of the redundancy settlement. The
worker was offered the statutory redundancy terms of
#289.90. Following local negotiations, the Employer
improved his offer to #500.00. The offers were
unacceptable to the worker and the dispute was referred
to the Rights Commissioners' service for investigation
and recommendation.
2. The employer sold the business in September, 1993 and
retired from the business in October, 1993. A Rights
Commissioner's investigation took place on 26th
November, 1993 and the recommendation as follows was
issued on 7th December, 1993.
" In the light of the above my Recommendation is that
Keanes Pharmacy should pay to the worker a
separation package amounting to #1,000 (inclusive
of statutory payments)."
*The worker was named in the recommendation.
3. By letter of 13th January, 1994, the Employer appealed
the Recommendation to the Labour Court under Section
13(9) of the Industrial Relations Act, 1969. The Labour
Court heard the appeal in Kilkenny on 30th March, 1994.
EMPLOYER'S ARGUMENTS:
3. 1. The Employer opened his business in 1983 and by 1993, he
employed 3 workers including his daughter. On 19th
June, 1993, the Employer was forced to make the worker
redundant because of a decline in business (details
supplied to the Court). The worker was offered a
redundancy settlement of #500 which was generous in the
circumstances.
2. A more senior worker who was subsequently made redundant
accepted her statutory entitlements. The employer was
trying to operate the business in difficult economic
circumstances. The need for redundancy was genuine. The
business was small and in these circumstances, the
amount recommended by the Rights Commissioner is
excessive. The employer is retired and has limited
earning capacity for the future.
UNION'S ARGUMENTS:
4. 1. The worker had 4 years service with the Employer when
she was made redundant. Her salary and conditions of
employment were below the norm (details supplied to the
Court). The Union had sought a redundancy settlement of
#2,000. Despite its disappointment, it is prepared to
accept the amount recommended by the Rights
Commissioner. The #1,000 awarded by the Rights
Commissioner is the minimum which the worker should be
paid in the circumstances.
DECISION:
The Court finds no grounds which would warrant any alteration to
the Rights Commissioner's Recommendation, and accordingly decides
that the appeal be rejected.
~
Signed on behalf of the Labour Court
9th May, 1994 Tom McGrath
J.F./M.M. _______________
Deputy Chairman