FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IARNROD EIREANN - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Recommendation IR18856/04/LM
BACKGROUND:
2. The worker is an electrician and has been employed by the Company since 1974. The Rights Commissioner's hearing dealt with the worker's allegation that the Company ignored his seniority in regard to voluntary severance. The worker's submission to the Labour Court dealt, for the main part, with problems he had in trying to get a transfer to Connolly Station from his base in Inchicore. He believes that the Company blocked his transfer on a number of occasions.
In 2003, the Company announced its intention to close the fleet maintenance facility at Connolly Station. Negotiations began with the trade unions involved, and an agreement was entered into in December, 2003, dealing with issues of redundancy, redeployment etc. The Union representing the worker was party to this agreement which also dealt with the issue of voluntary severance. The worker made enquiries as to the terms of any voluntary severance that might apply to him. He was advised that as no voluntary severance offers were planned at Inchicore the offer did not apply to him, and no voluntary severance figures regarding the worker were issued. The Company has stated that the issue of the worker's seniority was never in question.
The worker referred his case to a Rights Commissioner who concluded that the worker was not eligible for voluntary severance at the time in question as it applied only to Connolly Station. His recommendation is as follows:
"The claim under the Industrial Relations Acts fail. The Company's position is upheld. Should any issues of concern to the claimant arise in the future I recommend in the 1st instance the Company's procedures be exhausted".
The worker appealed the recommendation to the Labour Court on the 28th of September, 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 1st of July, 2005, the earliest date suitable to the parties. The following is the Court's decision:
DECISION:
The only issue before the Court is that referred to the Rights Commissioner and adjudicated on by her in her recommendation, namely the entitlement of the claimant to information and an offer under the Company's voluntary severance arrangements. Having considered the submissions of the parties, the Court is of the view that the Rights Commissioner was correct in her conclusions that the claimant was not entitled to participate in the scheme having regard to the situation as it then existed.
However, in the course of the hearing the Company indicated that circumstances have changed and it is now in a position to accommodate the claimant in his original request and provide him with a detailed offer for voluntary severance. In these new circumstances, the Company is agreeable to a determination by the Court that it proceed accordingly.
The Rights Commissioner's recommendation is therefore amended so as to provide that the Company should now make the claimant a detailed offer on terms for voluntary severance.
Signed on behalf of the Labour Court
Kevin Duffy
18th July, 2005______________________
CON/DHChairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.