FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DAUGHTERS OF CHARITY - BOARD OF MANAGEMENT - ST VINCENT'S SCHOOL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Proposed redundancies.
BACKGROUND:
2. The School caters for children with severe to profound intellectual disabilities at its Day Educational Centre. It is funded by the Department of Education and Science.
Since 1995, the Centre operated as a primary school model with one teacher and two special needs assistants for every six pupils. In June, 2002, parents of the pupils became dissatisfied with the service and requested that the Centre should operate as a healthcare model. An outside facilitator was appointed to investigate the dispute. In November, 2002, he concluded his report which stated that the Centre should operate as a healthcare model. The services of the Special Needs Assistants would no longer be required. Management offered the workers concerned an opportunity to continue to work in the Centre under the supervision of the school principal. The offer was rejected.
The Department advised Management that it would be withdrawing funding for the Special Needs Assistants, therefore, Management had no option but to announce that the positions would be made redundant. The dispute before the Court concerns a claim by the Union on behalf of twelve Special Needs Assistants for a redundancy package of eight weeks' pay per year of service plus statutory entitlement. Management states that it is not in a financial position to fund any ex-gratia payments.
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 18th of June, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd of September, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
2. 1. While the review was being carried out the workers concerned continued to provide a quality service for the children in the Day Educational Centre, without nursing support. They should be treated with dignity and respect.
2. The severance package should be eight weeks' pay per year of service in addition to the statutory entitlement.
3. Selection for redundancy should be on a voluntary basis. If this is undersubscribed then "a last in first out" mechanism should be used. If it is oversubscribed then seniority should be used to determine who should be selected for redundancy.
MANAGEMENT'S ARGUMENTS:
3. 1. The decision to implement the redundancies is outside the control of the school. The Department of Education and Science has fully funded the salaries of the workers concerned.
2. The workers concerned were aware that their positions were in jeopardy once the children were removed from the school roll.
3. The School is not in a financial position to meet the Union's claim.
RECOMMENDATION:
Having considered the submissions of both parties, the Court recommends that selection for redundancy should be on a voluntary basis and that the employer should offer a severance package of twice the statutory entitlement (inclusive of the statutory entitlement).
In the event of insufficient numbers volunteering, the principle of "last in first out" should apply. In the event of it being oversubscribed the Court recommends that the employees' seniority should be used to determine who should be selected for redundancy.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd September, 2003______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.