FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : STANDARD LIFE ASSURANCE LIMITED - AND - A WORKER (REPRESENTED BY UNITE) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner’s Recommendation R-041073-Ir-06/Tb
BACKGROUND:
2. The Worker joined Standard Life in a sales support role in 1971 on a full-time basis which lasted for the first 15 years until she voluntarily opted to work part-time (20.5 hours per week) for the following 19 years giving her a total service to the Company of 34 years.
In 2005 the Company announced closure of it's Waterford Branch and the Worker took voluntary redundancy in August of that year. Redundancy pay terms were based on a calculation that took into account full time service for part-time staff but the Company failed to recognise full-time work for periods of between 11 and 12 weeks holiday cover for a number of years. A formal grievance was raised by the Union against the Company.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 16th. August, 2007 the Rights Commissioner issued his Recommendation as follows:
" Having carefully considered the matter I have concluded that the respondent company has treated the claimant very fairly and I do not recommend concession of the Union claim."
On the 25th September, 2007 the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 9th January, 2008.
UNION'S ARGUMENTS:
3. 1. The Worker is not satisfied with the method of calculation of her severance package as the 'holiday cover' which was a prerequisite to her been granted the part-time work option, was not taken into account.
2. The extra hours worked were not considered as overtime and therefore were paid at the normal standard pay rate.
COMPANY'S ARGUMENTS:
4. 1. The terms applied to the Worker's redundancy pay included recognition of previous periods of full and part-time work and they were agreed on a full and final basis with the Union.
2. Overtime hours are not considered additional service for the purposes of redundancy pay calculation as only contractual working hours are applied.
DECISION:
Having considered the submissions made by the parties and in light of the unfortunate lack of available documentation in regard to the particulars of the case, the Court regards this case as unique and non-precedential and recommends that it be resolved by the Company paying and the Claimant accepting a once-off ex-gratia payment of €1,250 in full and final settlement of the matter.
Signed on behalf of the Labour Court
Raymond McGee
16th. January, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.