FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SALLY WEST - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Seeking an ex-gratia redundancy payment.
BACKGROUND:
2. The Company is a clothing retailer based in Drumsilla, Butler's Bridge, Co Cavan. It currently operates 8 stores nationwide and employs 55 staff. The worker concerned commenced employment as a general sales assistant with the Company, in Castlebar, on the 2nd December 1999. She was made redundant on the 31st January 2004 and received her statutory entitlements.
The Union, on behalf of it's member, wrote to the Company several times to discuss the matter of an ex-gratia payment. As no response was forthcoming the Union referred the matter to the Rights Commissioner Service but the employer declined to attend.
The issue was referred to the Labour Court on the 2nd June, 2004, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 19th April, 2005.
The Employer sent a letter to the Labour Court but did not attend the hearing.
UNION'S ARGUMENTS:
3. 1. The Union contend that an ex-gratia payment should have been paid to the worker as is normal in redundancy situations.
RECOMMENDATION:
The Court finds it regrettable that the Employer decided not to attend the hearing and present its side of the case.
On the submission made by the Union the Court is satisfied that the Union's claim is reasonable and should be conceded. If the Employer has difficulty in meeting the terms of this recommendation the parties should meet with a view to agreeing a schedule of payments.
Signed on behalf of the Labour Court
Kevin Duffy
25th April, 2005______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.