FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MC KECHNIES LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation IR986/99/MR.
BACKGROUND:
2. The Company is engaged in the provision of cleaning services in the Cork area.
The worker concerned commenced employment with the Company as a van driver in early, 1997. His duties were divided between transporting clothes for dry cleaning from the Company's premises in Patrick's Quay and Merchant's Quay to the Pembroke Street shop and servicing the Trabolgan holiday contract which operated for 9 months of the year.
In July, 1999, the Company decided that the servicing of contracts outside of Trabolgan was costing it money and with this in mind employed an experienced person for the servicing of the contracts.
In December, 1999, the Company decided to close the Pembroke Street dry cleaning operation, and the Patrick's Quay shop. As a major part of the worker's employment had been removed, management offered a redundancy package to the worker which he refused. A further offer of a job in the contract cleaning division was also refused.
The matter was referred to a Rights Commissioner for investigation and recommendation. The Rights Commissioner's findings and Recommendation are as follows:-
"Based on the evidence before me, I am satisfied that the alternative work being offered to the worker is suitable in the circumstances and should be accepted as such by the worker and SIPTU.
However, I also accept that overtime working under this offer, while likely to be substantial, would be less "automatic" than in his current position. In the circumstances, I am recommending that the Company pay the worker a once-off lump sum of £350 in the event of his accepting the alternative position, this sum to be in full and final settlement of all matters in dispute."
The worker was named in the recommendation.
The Rights Commissioner's Recommendation was appealed by the Union to the Labour Court on the 10th of March, 2000 under Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal in Cork on the 14th of September, 2000, the first available date suitable to the parties. A decision was issued by letter on the 19th of September, 2000.
UNION'S ARGUMENTS:
3. 1. The worker is not interested in redundancy and the Company's job offer would result in a substantial loss of earnings.
2. The worker maintains that he should be retained as a driver and alternative work found for the other employee affected by the changes.
COMPANY'S ARGUMENTS:
4. 1. The Company has tried to resolve this issue from the outset. It stopped the closure of the Pembroke Street facility on the 30th of December, 1999 until the 15th of January, 2000. The Union then requested that the Company continue to employ the worker pending a Right's Commissioner Recommendation, which was received on the 23rd of February, 2000.
2. The Company agreed to the Union's request to allow the worker to continue working as previously pending the outcome of today's hearing.
In the interim period (February to date) the Company has allowed the worker to continue in his role, at great expense, even though there is not enough work for him. To explain this further a number of circumstances have changed since the Rights Commissioner's hearing.
At the time of the hearing there were three personnel involved in the work. One of the employees has been let go due to the amount of work remaining after the closures. The second person, who has long service with the Company is now operating deliveries and collections. The worker assists him currently pending the outcome of this hearing. There is only enough work for one person.
3. The Trabolgan contract, which was central to the worker's appointment, has been lost. Therefore, two of three shops he serviced are now closed, the Trabolgan contract is gone and redundancy is now one of the two options open to the worker. The second option is to accept the Rights Commissioner's Recommendation and the alternative employment.
DECISION:
Having considered the submissions of the parties, the Court agrees fully with the findings and Recommendation of the Rights Commissioner.
The appeal is disallowed and the Recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
29 September, 2000______________________
FB/CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Fran Brennan, Court Secretary.