FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : OPERATIVE PLASTERERS' AND ALLIED TRADES SOCIETY OF IRELAND - AND - TWO NAMED WORKERS (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Enhanced Redundancy
BACKGROUND:
2. OPATSI was founded in 1670 thus making it one of the oldest Trade Unions in the country. Over the past number of years some internal issues have arisen resulting in an investigation. The internal financial difficulties, coupled with the current economic downturn and the collapse of the building industry has led to the issuing of compulsory redundancy notice to the two named Workers. Negotiations were held at local level but failed to reach a satisfactory conclusion, the matter was referred to the Labour Relations Commission and a hearing took place on 7th January, 2010 but again no progress could be achieved.
On the 12th February, 2010 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 24th March 2010.
The Union (IMPACT) agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The Union (IMPACT) is aware that there are funds/investments/reserves available to cover the cost of an enhanced redundancy package.
2. Both the Workers have given loyal service to their Employer and are entitled to a package that has become the norm in the industry.
EMPLOYER'S ARGUMENTS:
4. 1. The Union's Office Headquarters (OPATSI) has no funds at its disposal and is expected to sustain heavy liabilities in the future. The offer of the 60% rebate to the Workers made at the LRC is the best that can be offered in the circumstances.
2. The Employer is pleading inability to pay for the enhanced package demanded, the reserves identified are not under the control of Head Office.
RECOMMENDATION:
Having regard to all the circumstances of the case the Court regards the Union's claim for a redundancy package of five weeks pay per year of service plus statutory terms as reasonable and recommends that it be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
15th April, 2010______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.