Labour Court Database __________________________________________________________________________________ File Number: CD95650 Case Number: AD9589 Section / Act: S13(9) Parties: DELPHI PACKARD ELECTRIC IRELAND LTD (Represented by SERVICE INDUSTRIAL PROFESSIONAL TECHNICAL UNION) - and - A WORKER;MANUFACTURING SCIENCE FINANCE |
Appeal by the Company against Rights Commissioner's Recommendation BC325/95.
Recommendation:
The Court, having considered the written submissions of the parties
and the arguments made during the hearing, is satisfied that the
Rights Commissioner's Recommendation is appropriate in the
circumstances. The appeal is, therefore, rejected.
The Court so decides.
Division: Ms Owens Mr Pierce Mr Rorke
Text of Document__________________________________________________________________
CD95650 APPEAL DECISION NO. AD8995
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: DELPHI PACKARD ELECTRIC IRELAND LTD
(REPRESENTED BY SERVICE INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
AND
A WORKER
REPRESENTED BY MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Appeal by the Company against Rights Commissioner's
Recommendation BC325/95.
BACKGROUND:
2. 1. In August, 1995 the Company selected twenty workers for
lay-off. The Union claims that those laid-off should
have be on the basis of "last in first out" (LIFO)
similar to the agreement reached between S.I.P.T.U. and
A.T.G.W.U. for general operatives.
2. The Union claims that one of its members should not have
been laid-off as there were four other workers in his
section who had less service than he had. The principle
of LIFO should have applied.
3. The Company state that it has experienced a dramatic drop
in sales, from a peak of £46 million in 1990 to a
projected sales figure of £20 million for 1995.
Employment levels have also declined and the lay-off of
approximately 400 general workers in June, 1995 was
followed by the lay-off of 20 salaried staff in August,
1995. The worker was one of those laid-off in August,
1995. The worker was selected for lay-off based on
diminishing workload in his particular section.
4. The dispute was referred to a Rights Commissioner. The
Rights Commissioner investigated the dispute on 6th
October, 1995 and in his recommendation BC325/95
recommended:-
"that the Company acted unreasonably in putting the
worker on lay-off in contravention of the principle
of last-in first-out".
The Company appealed the recommendation on 13th November,
1995. The Court heard the appeal on 8th December, 1995 under
Section 13(9) of the Industrial Relations Act, 1969.
UNION'S ARGUMENT:
3. 1. The worker should not have been laid-off by the Company
as there were other workers in his section with less
service than he had.
2. The principle of last-in first-out should have been
adhered to by the Company (Labour Court Recommendation
LCR14864 refers).
3. The worker should have been afforded the opportunity to
train on some other project within the Company instead of
being laid-off.
4. The worker denies the Company's claim that he was ever
given the opportunity to apply and be considered for a
place on the Company's "Indian Project".
COMPANY'S ARGUMENTS:
4. 1. The worker's position diminished when the current models
went into production.
2. The workers retained by the Company from the Production
Movement Control (PMC) department were better qualified
than the respondent.
3. The worker did not indicate that he wished to be
considered for a position on the "Indian Project".
4. It was not practicable for the Company to decide on the
basis of LIFO who to retain and who to lay-off.
5. The Company treated the worker fairly in line with other
workers from his section. The workers retained by the
Company were the best qualified for the job.
DECISION:
The Court, having considered the written submissions of the parties
and the arguments made during the hearing, is satisfied that the
Rights Commissioner's Recommendation is appropriate in the
circumstances. The appeal is, therefore, rejected.
The Court so decides.
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Signed on behalf of the Labour Court
Evelyn Owens
19th December, 1995 ____________
L.W./U.S. Chairman