FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KEPAK GROUP - AND - 10 WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Redundancy Terms
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to redundancy terms. The Union's position is that the workers are being made redundant and are being paid entitlements less than statutory entitlements. The Union further contend that the Company has refused to engage with the Union to attempt to resolve the dispute and has also declined to attend the Labour Relations Commission.
The Company did not attend the Hearing and did not correspond with the Court in relation to the disputed issues.
The Union (on behalf of the workers) referred the dispute to the Labour Court on 6th September, 2010 in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 16th December, 2010.
UNIONS ARGUMENTS:
3 1 The workers are being paid less than their appropriate statutory entitlements.
2 The Company has failed to engage with the Union with a view to resolving the issues in dispute.
3 Workers were informed that the boning hall was closing and that they were to be made redundant. It transpires that the boning hall remains in operation with staff from the killing line carrying out boning duties.
4 The Union is seeking redundancy terms in line with comparable employments in the sector.
RECOMMENDATION:
The Court has carefully considered the submissions presented to it in the course of the hearing of the case.
The Court regrets that the employer decided against attending the Court.
In the particular circumstances of this case the Court recommends that the Company pay the workers concerned a severance payment of 4 weeks pay per year of service inclusive of statutory entitlements.
The Court so recommends
Signed on behalf of the Labour Court
Brendan Hayes
23rd December 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.