FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : COUNTY WEXFORD VOCATIONAL EDUCATION COMMITTEE (REPRESENTED BY ADVOKAT COMPLIANCE LIMITED) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Appeal of Recommendation of a Rights Commissioner r-080775-ir-09
BACKGROUND:
2. The Worker was employed as a part-time teacher of English for speakers of other languages with County Wexford VEC. When his fixed term contract ended he received a statutory redundancy payment however, his Union is seeking an enhanced package to reflect the norm within the sector.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 23rd November, 2009, the Rights Commissioner issued his Recommendation as follows:
"There is no legitimate or moral reason why the claimant in this case should be treated differently or less favourably to other workers within the sector and therefore I recommend the application of severance terms in the amount of six weeks pay per year of service inclusive of statutory entitlement".
On the 23rd December, 2009 the Employer appealed the Rights Commissioners Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 27th April, 2009.
UNION'S ARGUMENTS:
3. 1 The Union is claiming that the Rights Commissioner's Recommendation be upheld as all agencies and bodies funded by the Department of Education and Science with Union organised Employees pay or have paid enhanced redundancy payments.
COMPANY'S ARGUMENTS:
4. 1. The Claimant's third fixed term contract was not renewed due to financial constraints within the public service and a decrease in demand for the classes. The Employer understands that in such cases statutory redundancy entitlements only are normally paid.
2. The Claimant's employment terminated at the end of the third contract after two years and ten months in total service, thus he did not accrue a right to a contract of indefinite duration. The precedents quoted by the Union all relate to redundancies of either permanent or Employees on contracts of indefinite duration.
3. Without Ministerial approval no additional payments can be made.
DECISION:
This is an appeal by the employer of a Rights Commissioner’s Recommendation, which found that the Worker should be entitled to a severance package of six weeks’ pay per year of service inclusive of statutory redundancy.
In appealing the Recommendation the Employer referred to the fact that the Worker had been employed on fixed term contracts which had expired in accordance with their terms and that due to the very serious decline in the public finances, it was not willing to concede an enhanced redundancy package.
Having considered the position of both parties the Court concurs with the findings and recommendations of the Rights Commissioner and upholds his Recommendation. Therefore the appeal fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st June, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.