FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ANNE QUIN CLOTHING (REPRESENTED BY MARK POTTER SOLICITORS) - AND - FOUR NAMED WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Redundancy Terms.
BACKGROUND:
2. The business premises closed on 16th March 2007 following its purchase by a consortium of Developers for the purpose of building a new Retail Shopping Outlet. Negotiations had begun in 2006 between the Union and Management regarding the level of compensation/redundancy required by the staff, however, the talks proved to be unsuccessful. The matter was referred to the Labour Relations Commission by the Union, but attempts to reach a negotiated settlement also failed as Management refused to engage fully in the process.
On the 21st April, 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 the 3rd March, 2010. The Employer neither contacted the Court nor attended the hearing.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1 The Employer, it is believed, received a substantial sum as a result of selling her lease on the building and it is reasonable, therefore, that some of the proceeds of this be used to fund an enhanced redundancy package for the Employees.
RECOMMENDATION:
The Court finds it regrettable that the Employer did not attend the hearing nor communicate with the Court in relation to the Union's claim.
Having regard to all the circumstances of this case the Court recommends that each of the Employees who was made redundant be paid an ex-gratia lump sum of €11,000 exclusive of their statutory entitlements.
Signed on behalf of the Labour Court
Kevin Duffy
29th March, 2010______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.