FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KERRY GROUP SERVICESPLC - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Alleged unfair and unequal treatment in redundancy payment.
BACKGROUND:
2. This case concerns the Worker's claim that he was unfairly treated in respect of an ex gratia redundancy payment. The Worker referred his case to the Labour Court on 2nd September, 2009, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 26th March, 2010.
WORKER'S ARGUMENTS:
3. 1. The Worker had an excellant work history prior to the Company's decision to make him redundant.
2. The Company has consistently treated the Worker in an unfair and discriminatory manner.
3.The Worker should receive an enhanced ex gratia redundancy payment and compensation.
COMPANY'S ARGUMENTS:
4. 1. The Employer entered into a collective agreement, which provided for redeployment of staff, with the relevant trade union.
2. The Claimant was a member of this trade union at the material time.
3.The Claimant chose to ignore the terms of the collective agreement when he declined redeployment and claimed statutory redundancy instead.
RECOMMENDATION:
The basic function of the Court is to uphold and promote good industrial relations practice. It is the essence of good industrial relations practice that where a collective agreement is concluded between an employer and a Trade Union all parties should act in accordance with its terms.
In this case the Court is satisfied that a collective agreement was concluded between the Company and a Trade Union of which the Claimant was a member at the material time, which provided for redeployment. The Claimant chose not to act in accordance with the terms of that agreement and instead claimed statutory redundancy as an alternative to what was agreed with his Trade Union.
In the circumstances the Court can see no merit in the Claimant’s claim based on normal industrial relations principles. Accordingly the Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
Kevin Duffy
15th April, 2010______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.