FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SR TECHNICS IRELAND LTD - AND - SR TECHNICS UNION FFORUM DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. (A) Severance Terms (B) Forced Redundancies (C) Pension Funding
BACKGROUND:
2. The Court has considered the matters placed before it by the parties. Given the urgency of the matter, the Court has decided to issue its Recommendation in the form of a letter.
- The Court therefore recommends as follows, and urges the parties to accept these recommendations in the interest of bringing closure to the matter: -
RECOMMENDATION:
Severence Terms:The Court recommends that theex-gratiaelement of the Package offered by the Company on March 5th 2009 be increased to €30 million in full and final settlement.
Pensions:The Court recommends that the benefits of both the SR Technics Defined Benefit Scheme and the Irish Airlines' Superannuation Scheme should be fully funded by the Company in respect of its employees who are members of the schemes.
Payment in lieu of notice:Noting that there will be no further work available for employees with effect from the specified dates, the Court accepts that they should be paid in lieu of notice rather than working the notice period.
Position of workers aged 61 years or over:The Court recommends that the parties should discuss further the position of these employees with a view to arriving at a resolution of the matter.
Employee Assistance Programme (EAP):The Court is concerned that employees would become redundant at short notice without full knowledge of their rights and of the various support systems available to them. To this end, the Court recommends that a thorough, transparent and accessible EAP be put in place immediately and that its services be offered to every worker individually.
Written References:The Court recommends that written references be issued to all departing employees in accordance with established custom and practice in the Company.
Personal / Medical Files:The Court recommends that such files be dealt with by the Company in accordance with Data Protection legislation.
Seniority - Line Maintenance Contract Rundown:The Court recommends that any seniority issue arising in these circumstances should be dealt with by the parties based on custom and practice.
Signed on behalf of the Labour Court
Raymond McGee
31st March, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.