FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CHURCH AND GENERAL - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation 1254/97.
BACKGROUND:
2. The worker was employed, on a temporary basis, from June, 1991 to February, 1997. In May 1996, as part of a rationalisation programme, the Company put forward a voluntary redundancy package. The worker had requested on a number of occasions to be made permanent, but with no success. She spoke to the Company Personnel Manager about a redundancy package for herself. Discussions took place between the worker, her Union representative and the Company Personnel Manager.
In September, 1996, the worker was advised by her Union representative that an agreement had been reached which would give the worker the following:- 5 weeks' pay per year of service, a grant in respect of hardship services and a 20% - 25% loyalty bonus if the worker stayed on until September, 1998. This gave an approximate figure of £10,500. The worker claims that she looked for, but could not get, final confirmation of the agreement. The Company claims that it made an offer in early February, 1997, as follows:- the permanent staff severance package (£5,770), 18 months' employment and a loyalty completion bonus of 20% - 25% in September, 1998. The Company maintains that completing the work out period of 18 months was a clear condition of the severance package.
By mid-Febuary, 1997, the issue was still not settled. The worker was offered a permanent position elsewhere and resigned from the Company. In the event, an ex-gratia payment of £1,500 was offered to the worker who refused it.
The worker referred her case to a Rights Commissioner who's Recommendation is as follows:-
"Based on the conclusion set out above, I recommend that the
termination payment to the worker be regarded as redundancy
situation which gives rise to the payment of a sum of £5,770 in
total, including the £1,500 already paid. This payment should be
made within one month of the date of issue of this recommendation.
(The £1500, in fact, had not been paid and the Rights Commissioner, in a letter of the 26th of March, 1998, indicated that, in that case, the amount due to the worker was the sum of £5,700. The worker was named in the Rights Commissioner's Recommendation)
The worker appealed the Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 29th of May, 1998. At the hearing, the worker stated that she was seeking implementation of the Rights Commissioner's Recommendation. The Company indicated that it was willing to comply with the Recommendation.
DECISION:
Noting the position of the parties on this appeal, the Court upholds the Recommendation of the Rights Commissioners.
Signed on behalf of the Labour Court
Kevin Duffy
8th June, 1998______________________
C.O'N./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.