FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CEANN SIBHEAL GOLF CLUB (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Rationalisation.
BACKGROUND:
2. Ceann Sib�al Golf Club leases the golf course from Golf Chorca Dhuibhne Cuideachta Phobil� Teo. The golf course was established in Ballyferriter circa 1969, previously it was located in Dingle where it was founded in 1924.
The issue before the Court concerns the Club's decision to rationalise its business owing to very difficult trading circumstances. The Club is seeking to make two Course Staff members redundant and transfer the remaining full-time Course Staff to part-time hours during the months of October to March. This proposal was totally unacceptable to the Unions' members.
The dispute could not be resolved at local level and was the subject of two conciliation conferences on 6th February, 2007 and 30th July, 2007. As agreement was not reached, the dispute was referred to the Labour Court on the 31st July, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th August, 2007 and was subsequently adjourned to allow the parties to go back into conciliation for the purpose of solving the problem. A period to the end of September, 2007 was agreed.
At the third conciliation conference on the 5th September, 2007, the Company put forward further proposals:-
a) two redundancies based on one weeks' pay per year of service plus statutory redundancy
b) the remaining Course Staff to work three days per week from mid October until St. Patrick's Day, which is a reduction of 1/6th of their annual working time
c) the four remaining staff working part-time during the months of October to March will receive 1/6th of the value of their redundancy package based on the formula outlined above.
The Union rejected the Company's proposal and sought two weeks' pay per year of service plus statutory redundancy and a €100 allowance per part-time week worked to the remaining four Course Staff who agree to reduce their hours of work during the months October to March.
The Club were anxious to resolve the issues and come to agreement on the matter without further delay. To this end the Club put forward one final proposal, which they indicated was their bottom line. That proposal was not accepted by the Union.
In light of the above the parties agreed it was necessary to refer the matter back to the Labour Court for a recommendation. Both parties sent in supplemental submissions to the Court.
UNION'S ARGUMENTS:
3. 1. In the event of redundancy taking place, then those redundancies should be paid on the basis of four weeks' pay per year of service plus Statutory Entitlement on a voluntary basis only.
2. The Union position is that no compulsory lay-off should take place, thus reducing full-time jobs to seasonal jobs.
COMPANY'S ARGUMENTS:
4. 1. The Club is facing severe financial constraints and the final proposal is the Club's bottom line.
RECOMMENDATION:
The Court has reviewed the submissions made by the parties to this dispute, including the supplemental submissions received after the hearing.The Court notes the final position put forward by the Club at the conciliation conference of 5th September 2007. The Court recommends that the dispute be resolved on the basis of a modification of that proposal as follows:-
- That the redundancy package should be four weeks pay per year of service inclusive of statutory entitlements. Redundancy should be offered on a voluntary basis initially. If volunteers are not forthcoming redundancy should be on the basis of LIFO.
- The Club should provide a €60 allowance for each three-day week worked for the four remaining course staff.
The other aspects of the offer of 5th September should be accepted.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Duffy
16th November, 2007______________________
MG./JF.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.