FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALLAGHERS LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Redundancy terms.
BACKGROUND:
2. The case before the Court concerns a dispute between management at Gallagher Dublin Limited and SIPTU in relation to redundancy terms for 10 part-time merchandisers employed at the Company's plant in Tallaght. In August, 2004, the Company announced its intention to make ten part-time merchandisers redundant as a result of a decline in public outlets where the merchandisers would service.
The Union are seeking settlement on the lines of LCR17658 which issued in November, 2003, in relation to the redundancy of part-time staff in the Company.
The Company reject the claim on the basis that it has offered redundancy terms which are generous in the circumstances.
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 10th November, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th February, 2005.
UNION'S ARGUMENTS:
3. 1. The terms of the previous Labour Court Recommendation LCR17658 should be applied in this case, as the workers have given long service to the company and to be treated less favourably, than workers previously made redundant, is unacceptable.
COMPANY'S ARGUMENTS:
4. 1. The application of LCR18658 in this case is inappropriate as the previous Recommendation applied to a particular situation which is not reflective of the current situation.
2. The current offer of 6 weeks pay per year of service plus statutory entitlement is generous and above industry norm.
RECOMMENDATION:
Having considered the oral and written submissions of the parties, the Court recommends that the Company should offer and the Union accept, in the particular circumstances of this case, an extra half of one week's pay per year of service to each worker being made redundant.
Signed on behalf of the Labour Court
Raymond McGee
23rd February, 2005______________________
AH/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.