FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : REOX HOLDINGS LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Relocation.
BACKGROUND:
2. This dispute concerns the relocation of two long term IT employees based in Mallow who transferred to Reox Holdings Ltd under a Transfer of Undertakings from Dairygold in June 2006. One Worker has 28 years service and the other 32 years service and both are currently working in clerical positions in the IT section.The Claimants and their Union consider that a de facto redundancy situation exists. The Company contends that because the jobs still exist there can be no redundancy offered to the Claimants.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 17th December, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 14th October, 2009.
UNION'S ARGUMENTS:
3. 1. The Company has offered two positions in IT at the Business Park at Cork Airport to the Claimants but neither are convinced that these are real job positions.
2. One Worker would need to use public transport as she does not drive, it is calculated that an extra 3 hours per day would be required for her to reach the new location. She is adamant that she is not moving.
COMPANY'S ARGUMENTS:
4. 1. The Company has offered both Workers suitable alternative employment admittedly in a different location. These positions are real jobs and job descriptions are available to support this claim.
2. In an attempt to resolve the dispute the Company is prepared to allow a trial period in order that both the Claimants could see for themselves that the jobs are indeed genuine at the new location.
RECOMMENDATION:
Having regard to the distance between the present place of employment of the Claimants and the proposed new location, the Court is satisfied that a de facto situation of redundancy exists.
In these circumstances the Union's claim is reasonable and the Court recommends that it be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
5th November, 2009______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.