FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GERARD HOUSE NURSING HOME (REPRESENTED BY WALLACE, REIDY & CO. SOLICITORS) - AND - IRISH NURSES ORGANISATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Redundancy terms.
BACKGROUND:
2. The business, which consisted of accommodation for 33 residents, opened in February, 1990, and remained open until December, 2001. The dispute arose following the sale of the Nursing Home in December, 2001, when the three nurses involved in this claim were made redundant. The three claimants are members of the Irish Nurses Organisation.
The claimants attended a number of meetings with the employers and were confident that they would be adequately compensated on termination of their employment. In November, 2001, the workers received a notice advising them of the name of the accountant who would be dealing with redundancy queries. The workers contacted the accountant on the 22nd of November, 2001, and she indicated that only statutory redundancy payment would be made.
The Irish Nurses Organisation sought a meeting with the solicitor acting on behalf of the owners, but got no response. The matter was referred to the Labour Court on the 5th of December, 2001, under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Limerick on the 23rd of January, 2002. The employer's Solicitor attended at the hearing but did not make a submission to the Court.
UNION'S ARGUMENTS:
3. 1. Throughout their years of service, the workers were paid far below the national Department of Health and Children salary scales, and their conditions of employment were far less favourable, statutory bank holidays were not given to them, they were paid flat rate for Sunday work and they had no sick pay scheme.
2. The employers made no realistic effort to honour their commitment to look after the workers.
3. There was no pension scheme available.
4. The workers deserve to be treated no less favourably than redundant employees of any other profitable business.
RECOMMENDATION:
In the circumstances of this case, the Court recommends that the employer offer and the Union accept a redundancy payment based on 3 weeks' pay per year of service. The calculation of one week's pay for the purpose of this Recommendation should be the same as in the Redundancy Payments Acts 1967-1991.
Signed on behalf of the Labour Court
Kevin Duffy
7th February, 2002______________________
HMCD/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.