FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KERRY AGRIBUSINESS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. (1) Selection For Redundancy And For Future Work. (2) Redundancy Terms. (3) Flexibility For Drivers Under 2002 Agreement
BACKGROUND:
2. A Labour Court hearing took place on 16th January, 2009. The following is the Courts Recommendation:
RECOMMENDATION:
The matter before the Court concerns the Company’s proposals to rationalise its milk collection operations in Co. Kerry. Arising from the rationalisation plan the Company proposed to reduce the number of milk assembly drivers from 20 to 8, and source out the work to independent hauliers, with effect from 31st January 2009. The Court has considered the three issues in dispute and recommends as follows:
Severance Terms
The Court recommends that the Severance Terms recommended by the Company should be improved as follows :
-6 week’s pay per year of service inclusive of any statutory redundancy payments, plus a lump sum of €7,500.
These terms should be offered on a voluntary basis to the drivers affected by the proposed rationalisation plan.
Selection for Redundancy and for Future Work of Milk Assembly Drivers
The Court’s recommends that the above severance terms should be offered to the drivers and in the event that insufficient numbers are forthcoming, the Court recommends that the method of selection for redundancy should be on the basis of “Last in first out” (LIFO).
The Court does not recommend a change to the customary method of selection for the allocation of driver relief work, i.e. seniority by place of work.
Flexibility for Drivers Under 2002 Agreement
The Court recommends that the drivers remaining in employment following the redundancies, should operate on a flexible basis as provided for by the 2002 Drivers Agreement (concluded through the Labour Relations Commission on 17th July 2002). The Court recommends that a review of the new milk assembly collection system should take place after a period of 12 months in operation.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th January, 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.