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 (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR1454/00/CW.
BACKGROUND:
2. The worker concerned commenced employment with the company in October, 1979. She was employed as a Bonus Clerk. Her current position is an Accounts Payable Supervisor in the Finance Department. The Union claims that in June 1997 she applied for the voluntary severance deal 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 very busy and the worker concerned has had to be replaced during maternity 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 accounts payable area.
2. The volume of work has increased in the Finance area. The worker concerned has been replaced during her absence on both maternity leave and sick leave.
DECISION:
The Court having considered the written and oral submissions upholds the Rights Commissioners Recommendation and rejects the Company appeal.
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.