FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WEXFORD LOCAL DEVELOPMENT LIMITED - AND - A WORKER (REPRESENTED BY JOHN HORGAN) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Alleged Unfair Dismissal.
BACKGROUND:
2. This case concerns the Worker's claim that he was unfairly selected for redundancy. The Worker referred his case to the Labour Court on 12th April, 2010, 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 20th May, 2010.
WORKER'S ARGUMENTS:
3. 1. The Worker has been a loyal and dedicated employee of the Company since 1996.
2. In failing to consult with the Worker prior to announcing the proposed redundancies the Company treated him in an unfair and discriminatory manner.
3.The notice of redundancy should be withdrawn and the Worker should be allowed apply for alternative suitable employment with the Company.
COMPANY'S ARGUMENTS:
4. 1. The draconian cuts imposed on the Company's funding by the Government in 2009 and 2010 necessitated a reduction in staffing numbers.
2. In deciding where to impose staffing cuts the Company sought to protect front line staff.
3.The Worker was informed of the proposed reduction in staffing numbers before any other member of staff.
RECOMMENDATION:
The Court believes that further discussions should take place between the parties on alternatives to redundancy in this case.
In particular the parties should establish whether, as contended on behalf of the Claimant, another named person wishes to be considered for redundancy on a voluntary basis. If that is the case the Court can see no valid reason as to why that offer should not be accepted and the Claimant accommodated with the ensuing vacancy.
The Court further recommends that further discussions take place so as to establish the factual position in this regard. These discussions should be concluded within a four week period from the date of this recommendation. The Court further recommends that in the interim the Claimant be restored to the payroll.
Signed on behalf of the Labour Court
Kevin Duffy
17th June, 2010______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.