FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 S6(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001 PARTIES : KARDEX SYSTEMS IRELAND LIMITED - AND - AMICUS DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Request by a Trade Union or Excepted Body for a Determination in relation to Labour Court Recommendation No. LCR18897.
BACKGROUND:
2. Following the issuing of LCR18897 on the 21st May, 2007, in which the Court recommended that"the claimants' pension entitlements, in accordance with the rules of The Kardex Systems Limited Pension Plan, are not altered in any way and that the scheme remains open for the purposes of meeting its current commitments under the scheme."and also recommended that"written guarantees to this effect should be given to the claimants by not later than 1st June, 2007."the Union wrote to the Court on the 26th of June, 2007, seeking a determination under Section 6(1) of the Industrial Relations (Amendment) Act, 2001. A Labour Court hearing took place on the 4th September, 2007. The following is the Court's determination:
DETERMINATION:
Pursuant to the Recommendation (LCR 18897) issued on 21st May, 2007, the Trade Union sought a determination under Section 6 of the Act on the basis that the Recommendation had not been implemented by the Company.
While the Company did not attend the hearing on 4th September, 2007, it forwarded e-mail correspondence to the Court offering to put up to €100,000 into the pension fund in order to reduce the pension shortfall.
This was unacceptable to the Trade Union and, as the Court (a) has not agreed a variation from the Recommendation with the parties and (b) has not decided that LCR 18897 or any part thereof was grounded on unsound or incomplete information as provided for in Section 6(3) of the Act, the Court determines that the Company should transfer sufficient monies into the Pension funds to ensure that it can fulfil all its obligations to the two scheme members and comply with the terms and conditions of employment concerning their pension benefits. The Court also determines that the claimants' pension entitlements, in accordance with the rules of the Kardex Systems Limited Pension Plan, are not altered in any way and that the scheme remains open for the purpose of meeting its current commitments.
Signed on behalf of the Labour Court
Raymond McGee
7th November, 2007______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.