FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CAMPBELL CATERING (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - UNITE DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Enhanced Redundancy Terms.
BACKGROUND:
2. This dispute concerns a claim for enhanced redundancy terms for three catering supervisors employed by the Company at the catering operations at the Waterford Crystal site. The Union is seeking six weeks' pay per year inclusive of statutory entitlement, but the Company state that it can only pay statutory entitlement. This 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 19th November, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 19th March, 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Company is part of a large and profitable multi-national.
2. The three Workers had over 53 years combined loyal and hard-working service.
3.The Company must accept that it has a moral obligation towards these Workers.
COMPANY'S ARGUMENTS:
4. 1. The Company has experienced a huge drop in revenue.
2. This drop in revenue was compounded by losses caused by bills which were unpaid following the receivership of Waterford Crystal.
3.The Company does not have any funds to pay ex-gratia redundancy payments.
RECOMMENDATION:
Having regard to all the circumstances of this case the Court recommends that the company should increase its offer of €2,700 per employee to one of €7,500 to each claimant. This improved offer should be accepted by the Union in full and final settlement of its 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.