FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MID WEST CAVAN CES - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Seeking Enhanced Redundancy Terms.
BACKGROUND:
2. The case before the Court concerns a dispute between Mid-West Cavan Community Employment Scheme (CES) and SIPTU in relation to the redundancy terms received by a former supervisor of the scheme. The Employment Appeals Tribunal (EAT) declared that the worker was properly made redundant in Ocotber 2003. The worker was subsequently paid statutory entitlements but did not receive enhanced terms from FÁS as provided for in an agreement reached at national level between the Department of Enterprise, Trade and Employment and the Trade Unions and FÁS. It had been agreeed between the parties at the EAT that statutory redundancy would be paid to the worker
Management's position is that it was only obliged to pay statutory entitlements as agreed
by both parties at the EAT.
The dispute could not be resolved at local level and was referred to the Labour Court on 26th August 2004 in accordance with Section 20(1) of the Idustrial Relations Act, 1969. A Labour Court Hearing took place on the 5th April 2006.
The worker agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3. 1. The worker was declared properly made redundant at a hearing of the EAT in October 2003. The EAT could only recommend that statutory redundancy be paid and the employer agreed to pay statutory redundancy to the worker. The worker does not accept that the payment of statutory redundancy entitlements is sufficient as the agreement reached at national level betweenDepartment of Enterprise, Trade and Employment, the Trade Unions and FÁS provides for the payment of enhanced redundancy terms when made redundant from a Community Employment Scheme.
MANAGEMENT'S ARGUMENTS:
4. 1. Management are not in a position to pay enhanced redundancy terms as it has not received the appropriate funding from FÁS.
2. The agreement reached at the EAT to pay statutory redundancy entitlements, was in the opinion of management, an end to the matter.
RECOMMENDATION:
The Union's member was declared to have been properly made redundant by the Employment Appeals Tribunal on 9th October 2003.
There is a national agreement between the Department of Enterprise Trade and Employment, FÁS and the Trade Unions whereby FÁS will advance funds to Community Employment Scheme (CES) supervisors who are declared redundant from the projects.
In the absence of proof of an agreement having been reached between Mid-West Cavan CES and SIPTU on 9th October 2003 that the payment of statutory redundancy was in full and final settlement of all the claimants claims against Mid-West Cavan CES, the Court has no alternative but to recommend payment of the agreed national terms in this case.
Signed on behalf of the Labour Court
Raymond McGee
24th April, 2006______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.