FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SERVISAIR LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Unfair Treatment in relation to Redundancy Payment
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to redundancy terms. The workers in question were initially employed by Aviance Ltd and became employed by Servisair under the Transfer of Undertakings Protection of Employment (T.U.P.E.) in September 2009. The workers were then subsequently made redundant in line with terms outlined to them on 23rd October 2009.
The Union is claiming that better redundancy terms had been offered to existing Servisair employees on 7th October 2009 and is seeking that those terms be applied to the workers in this case. The Union's position is that the workers were unaware,when accepting their redundancy terms, that there were ongoing discussions in relation to an enhanced package.
On 27th October, 2010 the Union (on behalf of the workers) referred the matter to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on 13th January 2011.
The employer did not attend the hearing but its representative (IBEC) outlined the Company's position to the Court in correspondence dated 7th January 2011. The Company contends that the enhanced package claimed by the Union had not yet been agreed when the workers accepted the package offered to them and therefore they are not entitled to be included in its terms.
The following is the Court's Recommendation:
RECOMMENDATION:
The Claimant submitted a claim for an enhanced redundancy payment in line with that paid to other workers in October 2009.
The Company did not attend before the Court and was not represented at the hearing.
The Union on behalf of the Claimants submitted to the Court that they had been unfairly treated, when they were made redundant on 23rd October 2009, on less favourable terms than applied to other workers being made redundant at the same time. The enhanced terms were negotiated and agreed with the Union on 7th October 2009 and applied to those volunteering for redundancy from that date.
Having considered the submissions the Court recommends that the Company should apply the terms agreed with SIPTU on 7th October 2009 to the two named Claimants involved in this claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st February 2011______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.