FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROYAL DUBLIN GOLF CLUB (REPRESENTED BY MSS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Enhanced redundancy package.
BACKGROUND:
2. In 2006 the Club embarked on a refurbishment programme which resulted in members of staff being laid off from October, 2006. The clubhouse was due to reopen in April, 2007. The Club decided to employ contract cleaners rather than directly employ its own staff. The two workers concerned were informed that they could apply to work for the contract cleaners or else quote for the work themselves on an independent basis. A third option was redundancy which is what the workers eventually chose. At that time the Club indicated that it would only pay them statutory redundancy. The workers refused to sign their redundancy forms until they received an enhanced package. Worker A has 26 years' service and Worker B has 6.5 years' service.
The dispute was referred to the Labour Relations Commission and at a conciliation conference the Club increased its offer to €30,000 for Worker A and €6,000 for Worker B. This offer was rejected by the workers and the dispute was referred to the Labour Court on the 12th September, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took placeon the 23rd January, 2008.
UNION'S ARGUMENTS:
3. 1. The workers were left with no choice but to accept redundancy.They would not have been in a position to take on the work themselves. Working for the contract cleaners would have meant major changes to their hours and conditions of employment, something acknowledged by the Club.
2. The Club can afford to pay greater redundancy than its current offer which is considerably less that what the Union is seeking.
CLUB'S ARGUMENTS:
4. 1. The workers were given the opportunity to continue working with the contract cleaners but chose not to do so. The choice of redundancy was the workers own.
2. The Club believes that its offer is fair in the circumstances. It increased its original offer. It still has to employ cleaners so there is no saving involved.
RECOMMENDATION:
Given all the circumstances of this case as outlined to the Court at the hearing, the Court recommends that the ex-gratia severance payments offered to the two workers at conciliation should be increased from €30,000 to €36,000 and from €6,000 to €7,000 respectively, inclusive of statutory redundancy entitlements.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
7th February, 2008.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.