FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ECONOMIC & SOCIAL RESEARCH INSTITUTE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY IRISH HOSPITAL CONSULTANTS' ASSOCIATION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Redundancy.
BACKGROUND:
2. The Claimant concerned is a Consultant Clinical Geneticist at Our Lady's Hospital for Sick Children, Crumlin and the National Maternity Hospital, Dublin. From April 2005 to the 30th June 2011 the Claimant was also employed as the National Clinical Advisor to the Casemix Programme with the Economic and Social Research Institute (ESRI).
The Claimant was initially offered a sub-contractor's contract from 1st April 2005 for one year but was subsequently appointed an employee of the Institute under an indefinite or permanent contract of employment.The employment was terminated on the 30th June 2011 by reason of redundancy.
The Irish Hospital Consultants Association (IHCA) on behalf of the Claimant disputed the redundancy but in the alternative the Claimant agreed to treat it as a voluntary redundancy subject to him receiving an appropriate public service ex-gratia voluntary redundancy package.
The issue could not be resolved at local level. The IHCA referred the claim to the Labour Court on the 30th June 2011 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 the 15th November 2011.
ASSOCIATION'S ARGUMENTS:
3. 1. The Association disputed the existence of a redundancy.
2. The Claimant, through the Association, is prepared to have his redundancy from his permanent post with the Institute treated as a voluntary redundancy provided that he receives an appropriate public service ex-gratia voluntary redundancy package from the Institute.
EMPLOYER'S ARGUMENTS
4. 1. The ESRI maintains that it has existing exit arrangements in line with Clause 1.6 of the Public Service (Croke Park) Agreement. The Claimant's employment was terminated within this provision.
2. The ESRI stated that the role carried out by the Claimant is redundant in accordance with the definitions of redundancy contained in the Redundancy Payment Acts 1967-2007.
3. The ESRI stated that it can accept the Recommendation of the Court if it finds that the redundancy is voluntary.
RECOMMENDATION:
The matter before the Court concerns a claim for an ex-gratia redundancy payment by the Irish Hospital Consultants' Association on behalf of the Claimant who was employed as the National Clinical Advisor to the Casemix Programme in the Institute. It is accepted by both parties that the National Clinical Advisor position became redundant in June 2011 and the Institute accepted that the Claimant is seeking voluntary redundancy .
The Court notes that the National Clinical Advisor position within the Institute was initially funded by the Department of Health and Children and latterly by the HSE.
Having considered the submissions of both sides the Court is of the view that, in the light of the voluntary redundancy severance package which applied recently in the HSE, the Claimant should be paid an ex-gratia redundancy payment of five weeks' pay per year of service inclusive of statutory redundancy.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th November 2011______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.