Labour Court Database __________________________________________________________________________________ File Number: CD94720 Case Number: LCR14677 Section / Act: S26(1) Parties: DUBLIN COMMITTEE FOR TRAVELLING PEOPLE - and - IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNIONS |
Enhanced redundancy terms.
Recommendation:
The Court believes that the case before it highlights the problem
of funding from secondary sources. It is clear that the Committee
faces a major problem in considering its employees claim when
faced with the financial restrictions imposed upon it by the loss
of the Horizon funding and the change of policy by the local
authorities.
These decisions should have taken into account the consequences
for the employees affected.
The Court having considered all aspects of this case recommends
that severance terms of 2 weeks per year of service inclusive of
the statutory entitlements be paid to the claimants.
Division: Mr Flood Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94720 RECOMMENDATION NO. LCR14677
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
DUBLIN COMMITTEE FOR TRAVELLING PEOPLE
AND
IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNIONS
SUBJECT:
1. Enhanced redundancy terms.
BACKGROUND:
2. The Committee provides back up services to the travelling
people. The workers involved were employed on a programme
funded by the European Horizon Fund (65%) and by the local
authorities (35%). The ending of European funding has
resulted in 4 workers being made redundant. The Committee
has offered statutory redundancy terms but the Union is
seeking enhanced terms. The dispute was referred to the
Labour Relations Commission. A conciliation conference was
held on 19th December, 1994 but no agreement was reached.
The dispute was referred to the Labour Court by the Labour
Relations Commission on 20th December, 1994 in accordance
with Section 26(1) of the Industrial Relations Act, 1990.
The Court investigated the dispute on 27th January, 1995.
UNION'S ARGUMENTS:
3. 1. The Dublin Committee for Travelling People is an agency
which assists the travelling community in various ways,
including a drop-in centre, a training and work
programme and educational and youth work programmes. It
also provides community and residential services which
include aftercare and shared rearing for children. The
employees concerned (3 tradesmen and a manager) worked
in the Exchange House programme and required to travel
to halting sites with trainees and to carry out
maintenance work as required.
2. The funding for the programme was totally inadequate.
The 4 workers concerned have foregone wage increases and
have suffered major reductions in their travel expenses
in order to assist the continuation of the programme.
The local authorities have put the contract for the
non-training aspects of the work on halting sites to
tender. The redundant workers will find it very
difficult to find alternative employment because of
their age and the opportunities available for their
skills. The youngest employee is a member of the
travelling community and the prospects of him securing
further employment is negligible.
COMPANY'S ARGUMENTS:
4. 1. The Horizon Programme which commenced in November 1992
was scheduled for a specific two year period. In the
summer of 1994, knowing that the funding was due to end
in December, a sub-committee was set up to look at the
possibility of arranging other work opportunities and
securing on-going finance. In addition to the ending of
the Horizon funding, the local authorities advised that
it was no longer economically feasible to continue to
support the programme to the same extent as that in the
past. The Committee was informed by the local
authorities that they were putting the maintenance of
halting sites to tender from 1st January, 1995
2. The Committee decided that it would not be possible to
continue to run the programme without the support of
local authorities and substantial core funding from
other sources. As no further funding was forthcoming
redundancy notices were issued to the employees
concerned. The notices took effect from 31st December,
1994. The severance package offered to the employees
amounted to statutory terms only. The Committee is
prepared to divide some surplus funds (which may be as
much as #3,000) among the employees concerned.
RECOMMENDATION:
The Court believes that the case before it highlights the problem
of funding from secondary sources. It is clear that the Committee
faces a major problem in considering its employees claim when
faced with the financial restrictions imposed upon it by the loss
of the Horizon funding and the change of policy by the local
authorities.
These decisions should have taken into account the consequences
for the employees affected.
The Court having considered all aspects of this case recommends
that severance terms of 2 weeks per year of service inclusive of
the statutory entitlements be paid to the claimants.
~
Signed on behalf of the Labour Court
10th February, 1995 Finbarr Flood
L.W./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.