FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : EDUCATION & TRAINING SERVICES TRUST LTD - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Redundancy
BACKGROUND:
2. The issue before the Court concerns a claim by the Union on behalf of its member for an enhanced redundancy payment. The Claimant was employed with the Company for over ten years as a Partnership Training and Facilitation Section Team Leader. It is the Union's claim that on her return to work from annual leave in August, 2008, she recieved an email informing her that she had been temporarily laid off. The reason given was that there was no work available in the foreseeable future. The Union argue that the Claimant was involved in ongoing work. In March, 2009 the Claimant was informed by the Company that she was being made redundant with immediate effect. The Company's position is that there was no work was available and that the Company was winding down its operations.
On the 22nd May, 2009 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 12th February, 2010.
UNION'S ARGUMENTS:
3. 1 The Company have breached the Claimant's contract of employment as there is no provision for temporary lay off without pay and no express or implied term permitting the lay off.
2 The claimant was laid off without notice or any prior discussion immediately on her return from annual leave. The Claimant was engaged in ongoing work and had created substantial revenue for the Company.
3 There was never an agreement for statutory redundancy with any Unions at the Company. The norm for compulsory redundancy in industry is generally 6 weeks per year of service, inclusive of statutory entitlement.
COMPANY'S ARGUMENTS:
4. 1 The Company believed that the parties had a productive meeting and produced a detailed proposal. The Company are willing to suggest the Claimant as a training provider.
2 Other employees have left the Company with Statutory Redundancy as agreed with their Union.
3 The Company are willing to pay any outstanding invoices submitted by the Claimant.
RECOMMENDATION:
Having considered the positions of both parties as expressed in their oral and written submissions, the Court is of the view that the following severance terms should apply to the Claimant, to encompass all claims made in respect of her employment and the termination of her employment by reason of redundancy and should be accepted in full and final settlement of all such claims. The Court recommends the following: -
- •Education & Training Services Trust Limited (ETST) will recommend the Claimant as the sole provider of choice for any Training of Trainers courses, which become available up to the end of 2011.
•ETST will pay the sum of €18,000 to the Claimant in respect of work already carried out since August 2009.
•ETST will pay the sum of €13,752 being the statutory redundancy payment due to the Claimant and will also pay the sum of
€8,251 equivalent to the Redundancy payment rebate.
•The CIF Executive Pension Scheme will furnish the Claimant with an annuity bond which may be transferred to a new employer.
•ETST will pay the sum of €12,000 being a payment towards the Claimant’s educational fees.
•ETST will provide a reference for the Claimant.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th March, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.