FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRISH BISCUITS LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR1453/00/CW.
BACKGROUND:
2. The worker concerned commenced employment with the company in March 1991. She was employed as a Wages Clerk. In 1992, she moved to the Technology Department as an Administration Assistant. In September 1999, she transferred to the Finance Department working part-time (20 hours per week) on the JD Edward's project (installation of new computer system). The Union claims that in January, 1997, she applied for the voluntary severance and was told that she would be one of the workers who would be made redundant. In 1999, a new computer system was installed and the worker concerned was asked to facilitate the Company in securing its implementation on the specific understanding that her redundancy would eventually be granted. The Company states that a redundancy situation no longer exists. The Finance Department is a very busy area and the worker concerned has had to be replaced during maternity and sick leave. The issue was referred to a Rights Commissioner for investigation. The Rights Commissioner recommended as follows:-
"I recommend that the Company offers the 1997 severance terms to the worker."
The Company appealed the recommendation to the Labour Court on the 22nd January, 2001 in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 17th April, 2001.
UNION'S ARGUMENTS:
3. 1. The worker was offered voluntary redundancy by the Company as a result of an agreement between the Union and the Company for the implementation of change within the clerical/administration area.
2. The worker concerned facilitated the company when the new computer system was installed in 1999 on the specific understanding that her redundancy would eventually be granted.
COMPANY'S ARGUMENTS:
4. 1. The provision for voluntary severance was conditional on a redundancy existing. There is no redundancy existing within the Finance area until the JD Edward's project is completed.
2. The volume of work has increased in the Finance area. The worker concerned has been replaced during her continued absence on sick leave.
DECISION:
The Company has indicated that the claimant can avail of the terms when the project is completed, and the Court accepts this as a reasonable position. The Court therefore recommends that the claimant accept this position and that the Rights Commissioner Recommendation be amended accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
21st May, 2001______________________
MOC/CCChairman
NOTE
Enquiries concerning this Decision should be addressed to Marian O'Connell, Court Secretary.