FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ITALIAN TRADE COMMISSION (REPRESENTED BY NOEL O ' GORMAN SOLICITORS) - AND - TWO WORKERS (REPRESENTED BY UNITE) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Redundancy
BACKGROUND:
2. The Commission is set up to develop, facilitate and support trade with foreign countries particularly for small and medium-sized businesses. Each of the two workers concerned has over 10 years' service. Up to 2008 they reported to the Director of Dublin Office in Ireland but since then the Office has relocated to London and they report there though both are still located in Dublin. In February, 2011, the workers heard of a proposal to close the Dublin Office. In May, 2011, they received a letter indicating that the Dublin Office would close on the 31st July, 2011, and that their employment would be terminated. They were offered a once-off payment equivalent to six weeks' salary which they rejected. Following correspondence between the parties the workers were made a further offer which they also rejected. The Commission is pleading sovereign immunity and believes that the Labour Court has no jurisdiction to hear the case.
The workers referred their case to the Labour Court on the 13th May, 2011, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 28th June, 2011. The workers agreed to be bound by the Court's recommendation which is as follows:
RECOMMENDATION:
The case was referred to the Court pursuant to Section 20(1) of the Industrial Relations Act 1969. Section 20(1) provides
20.—(1) Where the workers concerned in a trade dispute or their trade union or trade unions request or requests the Court to investigate the dispute and undertake or undertakes before the investigation to accept the recommendation of the Court under section 68 of the Principal Act in relation thereto then, notwithstanding anything contained in the Principal Act or in this Act, the Court shall investigate the dispute and shall make a recommendation under the said section 68 in relation thereto.
Section 68 of the Industrial Relations Act 1946 provides
68.—(1) The Court, having investigated a trade dispute, shall make a recommendation setting forth its opinion on the merits of the dispute and the terms on which, in the public interest and with a view to promoting industrial peace, it should be settled, due regard being had to the fairness of the said terms to parties concerned, and the prospects of the said terms being acceptable to them.
In this case the Union concerned referred a trade dispute with the employer to the Labour Court pursuant to Section 20 (1) of the Act.
The Employer has contended that the Court has no jurisdiction to hear the case and relies on the principle of Sovereign Immunity to ground this position. The Union rejects this contention.
Having considered the matter the Court is of the view that the principle of Sovereign Immunity has no application in this case. The employer is not being impleaded before a Court and will be at no hazard as a result of any recommendation made in this case.
The Labour Court is simply being asked tomake a recommendation setting forth its opinion on the merits of the dispute and the terms on which, in the public interest and with a view to promoting industrial peace, it should be settled, due regard being had to the fairness of the said terms to parties concerned, and the prospects of the said terms being acceptable to them.
Furthermore the Labour Court is obliged by Section 20(1) of the Act to investigate the dispute and make a recommendation under Section 68 of the Industrial Relations Act 1946.
Section 20(1) “ …….., notwithstanding anything contained in the Principal Act or in this Act, the Courtshall investigate the dispute and shallmake a recommendation under the said section 68 in relation thereto.” (emphasis added)
Accordingly, in the discharge of its obligations pursuant to Section 20(1) of the 1969 Act, the Court investigated the trade dispute in place between the parties. Having considered all of the extensive oral and written submissions before it the Court recommends that the redundancy payments on offer be increases to four weeks' pay per year of service in full and final settlement of this matter.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
15th July, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.