FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNLOPS' EMPLOYEES SOCIAL CLUB (REPRESENTED BY FRANCIS C KELLEHER & CO SOLICITORS) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Appeal of Recommendation of a Rights Commissioner R-079145-IR-09/JOC
BACKGROUND:
2. Dunlops' Employees Social Club was established in 1972. The worker joined the Club almost from the beginning and was appointed manager over 20 years ago. In January, 2009, it became known that the land and buildings belonging to the Club were to be sold and the worker wrote in February, 2009, seeking to discuss his position, particularly any redundancy implications. In April, 2009, the worker was told that he would be made redundant but that there was no money available to pay redundancy terms. To date he has still received no monies.
The case was referred to a rights Commissioner and his recommendation is as follows.
"The claimant be paid his full redundancy together with the 60% rebate, which the club receives, in full and final settlement of his claim."
The Club appealed the recommendation to the Labour Court on the 21st December, 2009, in accordance with Section 13(9) of the Industrial Act, 1969. A labour Court hearing took place on the 20th October, 2010, in Cork.
UNION'S ARGUMENTS:
3. 1. The worker has given 36 years' loyal service to the Club. He was bar manager and therefore was responsible for the day to day running of the Club, including stocks and ordering. He was held in high esteem by all at the Club.
2. A financial agreement was reached with the worker under the chairmanship of the Rights Commissioner but the employer has failed to honour it.
3. The Club has agreed a figure of €400,000 for the sale of the Club. Due to a change in the constitution of the Club current members who never worked there will receive more money than the worker.
CLUB'S ARGUMENTS:
4. 1. The Club is in a serious financial situation and it has deteriorated since the Rights Commissioner's hearing.
2. No agreement to pay the worker over and above statutory redundancy has ever been ratified by the management committee or the Club members. Likewise, no agreement was reached at the Rights Commissioner's hearing regarding a settlement with the worker.
DECISION:
Notwithstanding having been made redundant some 12 months age the Claimant has not yet received his statutory redundancy entitlements. In that respect the Court finds the manner in which the Claimant has been treated falls far short of the standards of fairness which any employee is entitled to expect from his or her employer.
Having regard to all the circumstances of this case the Court is fully satisfied that the recommendation of the Rights Commissioner is reasonable and should be implemented
Signed on behalf of the Labour Court
Kevin Duffy
29th October, 2010______________________
CONChairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.