FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LINE FORM LIMITED (REPRESENTED BY SHANE CAMPBELL & COMPANY CHARTERED ACCOUNTANTS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Redundancy package for 3 workers.
BACKGROUND:
2. The case before the Court concerns three workers who were made redundant in March, 2001. The workers had the following service with the Company; 22.5 years; 20 years and 10 years respectively. The Union is seeking 6 weeks' pay per year of service plus statutory entitlements for these workers.
Management indicated that it would not be attending the Court hearing. It states that the redundancy was calculated correctly and that the Company is not in a position to pay anymore.
The Union referred the dispute to the Labour Court on the 28th of September, 2001, under Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 4th of December, 2001.
UNION'S ARGUMENTS:
3. 1. The Union believes that the Company's offer on settlement terms i.e. statutory redundancy plus £1000 (1269.74 Euro) co-operation bonus does not reflect the long and loyal service of these workers.
2. The Company has made substantial profits over many years. The Union does not accept that it cannot pay enchanced redundancy terms.
3. The workers have worked hard and long for the Company. They are entitled to expect more than their statutory entitlements.
RECOMMENDATION:
As the employer did not attend the hearing, the Court has not gained an understanding of the Company's position.
The claimants have had very long service with the employer and, therefore, the Court is anxious to ensure that they are properly compensated for their loss of continuity of employment.
In the absence of detailed financial information to substantiate the Company's case, the
Court recommends that in addition to the statutory payments already paid, the employer
should also pay three weeks' pay per year of service in full and final settlement of this
claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th December, 2001______________________
LW/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.