FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FÁS - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Calculation of redundancy payment.
BACKGROUND:
2. This dispute concerns a claim by t he Worker for the inclusion of previous service in the calculation of his statutory and enhanced redundancy payments. SIPTU, on behalf of the Worker, referred this case to the Labour Court on 13th June, 2008, 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 18th May, 2011.
UNION'S ARGUMENTS:
3. 1. The Worker received statutory and enhanced redundancy payments in respect of his 2001-2005 service.
2. The Employer failed to factor the Worker's 1996-1999 service into his redundancy payment.
3.The Worker is, accordingly, entitled to an additional redundancy payment of €8,661.38.
EMPLOYER'S ARGUMENTS:
4. 1. FÁS provided financial support to the Worker's employer.
2.FÁS has never been this Worker's employer.
3.When the Worker was made redundant the employer fully discharged its obligations to him.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this case. The Court has confined its considerations to the merits of the cases presented by both sides.
On the evidence presented by both parties in this case the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Brendan Hayes
21st June, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.