FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : JOSEPH MURPHY STRUCTURAL ENGINEERING LIMITED. - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Redundancy.
BACKGROUND:
2. This dispute concerns four workers who were made redundant by the Employer in October - November 2000. The workers received statutory redundancy in accordance with the Redundancy Payments Act, 1967 - 1991. The matter was referred to the Court under Section 20 (1) of the Industrial Relations Act, 1969 on the 16th February 2001. The Company responded to the Court's invitation to attend at a hearing by stating that it was not trading and has gone out of business. In the circumstances, the Company did not attend the Court hearing. A Labour Court hearing took place on the 30th of March 2001.
UNION'S ARGUMENTS:
3. 1. The Company is in a financial position to pay an additional 2 weeks' pay per year to the workers.
RECOMMENDATION:
The Company did not attend the hearing, but did provide a written statement. Due to the circumstances of this case, the Court recommends that the Company should pay the claimants 2 weeks' pay per year of service, in addition to the payments already made, in full and final settlement of their claim.
Signed on behalf of the Labour Court
Kevin Duffy
9th April, 2001______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.