FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : STAFFORD SHIPPING LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - THREE WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Re-Hearing arising from LCR18781
BACKGROUND:
2. The Company provides stevedoring/shipping services at the tidal Port of New Ross and its business is in ongoing decline with reduced tonnage over the past number of years. The case concerns 3 Workers whom the Company contends are no longer required due to changing circumstances and work practice. The Union contends that there is in fact plenty of work available both in New Ross and Waterford Ports.
In the 9 months since the original Labour Court hearing both sides agree that there was no progress on the substantive issues as recommended and neither did negotiations commence on a redundancy package. The only development during this time was a Company decision at board level to decommission the only remaining 1958 Stotterd & Pitt crane.
Originally the dispute was heard before a full Labour Court sitting that took place on the 14th November, 2006 and Recommendation LCR 18781 was subsequently issued. The Court recommended that the parties should make a final and concerted attempt to identify viable positions for the Workers concerned to be redeployed and if that is not possible they should then begin discussions on terms for redundancies, but as the parties failed in both endeavours, IBEC, with the agreement of the Union, referred the case back to the Labour Court on 27th February 2007. A re-hearing took place at the Labour Court on the 17th July 2007.
UNION'S ARGUMENTS:
3. 1. The Company's goal is to remove all full-time Workers and replace them with outside contract labour.
2. As there is a lot of work to be done at the Port, there should be no need to discuss redundancies
COMPANY'S ARGUMENTS:
4. 1. With the only crane now decommissioned there is obviously no need for a crane driver.
2. With only two bobcats (one new) to service there is now no need for a full-time maintenance fitter.
RECOMMENDATION:
On the information before it the Court is satisfied that the requirement for the workers concerned to work full-time has ceased or diminished to the point where a genuine redundancy situation exists. The Court acknowledged this in its previous Recommendation.
The Court recommends that the parties enter into immediate negotiations on a suitable redundancy package for the three individuals affected. These negotiations should conclude not later than 31st August 2007. If agreement is not reached on a redundancy package the parties may refer this question back to the Court.
Signed on behalf of the Labour Court
Kevin Duffy
24th July 2007______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.