FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST MUNCHIN'S ACTION CENTRE - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner Recommendation No: r-62163-ir-07/MR
BACKGROUND:
2. This case concerns an appeal by the employer of Rights Commissioner's Recommendation No: r-62163-ir-07/MR. The issue concerns a claim for enhanced redundancy following the cessation of a FÁS Job Initiative Scheme. The Scheme operated in St Munchin's Action Centre and the worker was made redundant in 2004. Since then there have been discussions at national level to agree enhanced redundancy terms in similar situations. Following these discussions the worker received enhanced redundancy terms (an additional 2 weeks pay per year of service) in 2009. This claim is for an additional enhanced redundancy entitlement of one weeks' pay per year of service, which the worker contends is in line with previous redundancies.
The dispute was referred to a Rights Commissioner for investigation. He issued his findings and Recommendation on 3rd September 2010 and found that in the exceptional circumstances of the case, that the worker receive the additional one weeks' pay per year of service in full and final settlement of all matters in dispute.
On the 9th September 2010, the employer appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 22nd June, 2011.
The employer, having submitted the appeal, did not attend the hearing but did outline its position in correspondence to the Court. It confirmed that it was supportive of the claim by the worker but could not apply the enhanced redundancy payments as all funding is provided by FÁS.
A Labour Court hearing took place on 22nd June 2011. The following is the Court's Decision:
DECISION:
The matter before the Court concerns the employer’s appeal of a Rights Commissioner’s Recommendation, which found in favour of the worker’s claim for an enhanced redundancy payment. The Rights Commissioner recommended that on an exceptional and once-off basis that St. Munchin’s Action Centre should pay the worker an additional one week’s pay per year of service in addition to that already paid to her.
The employer failed to attend at the hearing to move the appeal, but by written correspondence to the Court indicated that it was supportive of the worker’s claim. Consequently, the appeal fails for lack of prosecution.
Therefore, the Court upholds the Rights Commissioner’s Recommendation and the employer in this case now called St. Munchin’s Community Development must now pay the worker the recommended one week’s pay per year of service.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th July 2011______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.