FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TOM O'CALLAGHAN - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Enhanced Redundancy
BACKGROUND:
2. The issue before the Court concerns a claim by the Union for an enhanced redundancy package on behalf of its member. The worker concerned has been an employed with the Company as a bookmaker since January, 1994. She worked part time for 3 days per week with the Company and worked for another employer on the other two days. In May, 2007 management asked the worker to increase her working week to 4 days. The worker agreed and ended her employment with the second employer. In June, 2007 the worker was informed that she would be made redundant. After the intervention of the Union, the worker continued with the Company until December, 2007 when she was made redundant. The Union's claim is for an enhanced redundancy package of 3 weeks per year of service for its member. The Company's position is that procedures were carried out in line with legislation.
On 7th May, 2008 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 9th December, 2008
The Union agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3. 1 The working life of the worker concerned was made very difficult from June, 2007 to December, 2007. She was made to work under close CCTV cameras in her office and files were mislaid making it very difficult for the Worker to carry out her duties.
2 At the request of management to work a 4 day week, the worker resigned her other job and then was subsequently made redundant.
COMPANY'S ARGUMENTS:
4. 1The Company carried out all that was required of them under legislation. The Company is not aware of any situation where more than statutory redundancy is required to be paid by law. There is no grounds for an enhanced redundancy package.
2 The worker asked for an extra days work per week and a 4 day position was made available to her.
RECOMMENDATION:
The Court has considered the oral and written submissions put to it in this case. The Court is unhappy about the lack of proper procedures, consultation and representation offered to the claimant at the time of her compulsory redundancy.
In addition, the norm in industrial relations in this country is to pay an ex-gratia amount in addition to statutory redundancy compensation. This is especially true in cases of compulsory redundancy.
The Court awards the worker an ex-gratia severance payment of €8,000 in addition to her statutory entitlements. The Court so recommends
Signed on behalf of the Labour Court
Raymond McGee
9th February, 2009______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.