FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BISHOPSTOWN/BALLYPHEHANE SCHOOLS C.E. PROJECT - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation No. IR4646/01/MR.
BACKGROUND:
2. The worker was employed as a Supervisor of a community employment scheme for over 7 years before being made redundant in April, 2001. The Union's case is that she received only statutory redundancy and believes that this is unfair. It referred her case to a Rights Commissioner and his recommendation is as follows:-
"I, therefore, recommend that Bishopstown/Ballyphehane Schools CE Project should make a payment to the worker which would bring her total redundancy payments to the equivalent of four weeks' pay per year of service in addition to her statutory entitlements."
(The worker was named in the above recommendation).
The employer claimed that it was unable to pay the additional monies and, as a result, the Union appealed the recommendation to the Labour Court on the 2nd of November, 2001, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 16th of January, 2002, in Cork.
UNION'S ARGUMENTS:
3. 1. The worker was made compulsorily redundant and is entitled to an appropriate redundancy payment.
2. There have been a number of similar cases where Rights Commissioners have awarded the amount in dispute in this case, i.e. 4 weeks' pay per year of service.
MANAGEMENT'S ARGUMENTS:
4. 1. The management committee of the Project is no longer in existence. Whilst there is sympathy for the worker's situation, there is no money to pay what the Union is seeking. The scheme was originally set up with the assistance of FÁS, and FÁS has decided not to renew the Project at the end of its term.
2. The worker has already been paid £3,450 (euro 4,380.60) which includes £1,350 (euro 1,714.15) statutory entitlements plus an additional payment of £2,100 (euro 2,666.45). When the worker was employed there was no assurance that she would receive a severance payment in addition to statutory entitlements.
DECISION:
Having considered the appeal of the Union and the submissions of both sides, the Court can see no grounds to amend the recommendation of the Rights Commissioner and, therefore, upholds the Union's appeal.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
31st January, 2002______________________
CO'N/CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.