FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRISH RAIL - AND - WORKERS (REPRESENTED BY TRANSPORT SALARIED STAFFS' ASSOCIATION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. 15% of ex-gratia, annual leave and weeks in lieu of notice not paid as per voluntary severance terms agreed.
BACKGROUND:
2. In 2001 an agreement on voluntary severance terms was agreed by the Company in respect of salaried staff deemed surplus in the context of the Cost Reduction/Change Process talks.A number of employees who had applied for voluntary severance during the period 1997 to 2003 departed from the Company between December 2003 and September 2004. They expected that the formula agreed in the 1997 agreement would apply.
The dispute before the Court concerns a claim by the Union on behalf of the workers concerned for the payment of 15% of the ex-gratia payment, annual leave and weeks in lieu of notice not paid as per the Agreement of 2001. The Union claim that the workers were entitled to receive these payments.
The issue was referred to the Labour Court on the 11th October, 2004, in
accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court
hearing took place on the 13th January, 2005.
The Union agreed to be bound by the Labour Court recommendation.
UNION'S ARGUMENTS:
3. 1.The Union claim that the Company breached the Agreement on Voluntary Severance of 2001 by not payingthe workers according to its terms.
2.The workers had no choice but to take the voluntary severance as offered at the time as the Union and the Company had not resolved the dispute over the terms of the Agreement.
COMPANY'S ARGUMENTS:
4. 1.A feature of the 2001 Agreement was a reduction in clerical grade numbers by 40. These reductions were achieved by 2002. Any further staff reductions/voluntary severances were outside the change process context.
2. The workers concerned exited the Company after the 40 agreed clerical staff reductions were made. Therefore they fall outside the terms of the 2001 Agreement on voluntary severance terms.
RECOMMENDATION:
The matters raised at the Court are ones which should properly have been dealt with through everyday Company-Union Industrial Relations processes.
In this context, the Union should activate the offered Independent Joint Monitoring Group. The matters raised here should be dealt with in that forum. The Court so recommends.
The Court also feels that situations as unclear and confusing as this one should be addressed by a more prompt and inclusive communications system between the parties.
Signed on behalf of the Labour Court
Raymond McGee
22nd_February, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.