FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH BLOOD TRANSFUSION SERVICE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Redundancy Terms
BACKGROUND:
2. An agreement was concluded between the parties in October 2010 relating to revised opening hours and rosters for staff in the D'Olier Street Clinic which would better facilitate the demands of the public. In this context it was agreed that six or seven voluntary redundancies would take place for those who, due mainly for family reasons, cannot accept the new arrangements. The issue in dispute relates to the terms of the redundancy package on offer.
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 15th November, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th December, 2010.
UNION'S ARGUMENTS:
3. 1. It is not appropriate that the Department of Health and Children should direct the Service to offer a lower formula for voluntary redundancy than the Department itself offers in the wider public health service.
2. The Union is seeking a redundancy settlement in line with that which was applied in the HSE.
EMPLOYER'S ARGUMENTS:
4. 1. Following consultations with the Department of Finance, the offer of two weeks pay per year of service plus statutory entitlements with a cap of eighteen months, is generous in the circumstances.
2. The Department of Health and Children and the HSE have informed the Service, that the terms of the public health service voluntary redundancy scheme are not applicable to it.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this case.
In the particular circumstances of this case the Court recommends concession of the Union’s claim.
The Court so Recommends.
Signed on behalf of the Labour Court
Brendan Hayes
17th December, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.