FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : G4S SECURE SOLUTIONS (IRELAND) LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Redundancy terms.
BACKGROUND:
2. The case concerns a claim for enhanced redundancy terms by seven remaining Security Staff assigned to the R.R. Donnelly (Banta) Global Turnkey site at Raheen Industrial Estate in Limerick. The redundancies took place on 4th January 2010. Discussions took place between the parties and some staff were offered the option of re-deployment but agreement was not reached on the question of the level of redundancy payments to be awarded.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 19th November, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 7th April, 2010.
UNION'S ARGUMENTS:
3. 1. Statutory redundancy payments alone are not sufficient given the current economic situation and the difficulty of finding alternative employment within the security industry.
2. Payment above statutory is not unusual for the security industry and the Company has responsibility for its employees who have given good service over the years.
COMPANY'S ARGUMENTS:
4. 1. The Company has done everything that is reasonable to find alternative work available at other customer locations.
2. Thesecurity industry has been severely affected by the economic downturn and any additional payments would put considerable additional pressure on Company revenues.
RECOMMENDATION:
The Court has given careful consideration to the oral and written submissions of both parties to this dispute.
Taking all factors into consideration the Court recommends that the Company pay to the workers concerned two weeks' pay per year of service in addition to their statutory redundancy entitlements in full and final settlement of this dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
12th May, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.