FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : JOHNSON MANUFACTURING LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Pursuing adherence to an agreement on the payment of the 60% rebate on statutory redundancy received.
BACKGROUND:
2. This dispute arose from the Company's failure to adhere to an agreement which stated that it would pass on the 60% rebate, which it received from the Department of Enterprise, Trade & Innovation, to the Workers it made redundant. SIPTU, on behalf of the Workers, referred this case to the Labour Court on 5th March, 2010, 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 17th February, 2011.The Company declined to attend the Hearing or to communicate its position to the Court.
UNION'S ARGUMENTS:
3. 1. The Workers were made redundant in June 2008.
2. The Company agreed, in writing, to pass the 60% rebate on to the Workers.
3.The Company must adhere to the terms of this agreement.
RECOMMENDATION:
The Court regards it as regrettable that the Company declined to attend the Hearing or to communicate its position to the Court.
It is clear that an agreement exists between the Union and the Company which provides for redundancy terms of statutory terms, plus 3 weeks per year of service plus the rebate payable to the Company.
While the other terms of the agreement were implemented the rebate which the company received was not paid to the claimants. This is a clear contravention of the agreement between the parties.
The Court recommends that the terms of the agreement be honoured and that the rebate be paid to those associated with this claim.
Signed on behalf of the Labour Court
Kevin Duffy
1st March, 2011______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.