FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MASTERPHOTO LTD - AND - GRAPHICAL PAPER AND MEDIA UNION (GPMU) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Redundancy
BACKGROUND:
2. The Company is located in Ballsbridge, Dublin with a staff of approximately 27. The Company wished to make 5 staff redundant with immediate effect. The Union reject the redundancy situation.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the dispute was referred to the Labour Court on the 4th July, 2003 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd October, 2003.
UNION'S ARGUMENTS:
3. 1. The Company notified the Unionby letter on the 11th June, 2003, that they required 5 redundancies with immediate effect. The Union does not accept the redundancy situation.
2. The Union see no drop-off in work volume, but if there were a problem the Union would be prepared to address the matter by means other than redundancy, for example, work rotation.
3. Since June, 2003 there has been a major increase in business and new machinery purchased/leased. Overtime had increased tremendously and Management do not have enough staff at present to deal with the work load.
COMPANY'S ARGUMENTS:
4.1 During the course of the hearing, the Employer informed the Court that the situation within the Company has changed. There has been a major increase in work and that the proposed redundancies were no longer being considered. Management also informed the Court that this did not mean that redundancies would not be considered in the future should the situation change.
RECOMMENDATION:
At the hearing the Employer indicated that the proposed redundancies outlined to the Union in a letter dated 11th June 2003 were no longer 'on the table'. Consequently, both parties accepted that there was no dispute before the Court, which required a recommendation.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th_October, 2003______________________
JB/Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.