FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WEXFORD LOCAL DEVELOPMENT - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-095884-ir-10/MMG.
BACKGROUND:
2. This dispute arose from the Worker's claim that the Employer has ignored a previous Labour Court Recommendation concerning a grievance. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 24th November, 2011 the Rights Commissioner issued the following Recommendation:-
- “On consideration of the evidence as presented I have formed the opinion that the claimant has presented a valid complaint. The claimant [has] indicated that a redundancy would now be acceptable ... It is my recommendation that the parties meet and process this matter to achieve this aim and so bring about an amicable and meaningful conclusion to a complex issue of employee relations between the employer and employee”.
On the 16th December, 2011 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the4th May, 2012.
3. 1.The Worker was unfairly treated by the Employer.
2.The Worker took issue with the discontinuation of his employment.
3.He was willing to set off against back pay all state payments connected to termination including redundancy money.
EMPLOYER'S ARGUMENTS:
4. 1.It was no reflection on the Worker that his employment was ended.
2.In spite of severe government cutbacks the Employer wanted to provide continued services and regretted discontinuing the Worker’s employment.
3.The Worker was not treated unfairly.
DECISION:
A preliminary issue arose as to whether the Court had jurisdiction to hear this appeal. The matter was appealed to the Labour Court pursuant to Section 13(9) of the Industrial Relations Act 1969.
Section 13 (9) provides:
- (a) A party to a dispute in relation to which a rights commissioner has made a recommendation may appeal to the Court against the recommendation and the parties to the dispute shall be bound by the decision of the Court on the appeal.
(b) The Court shall hear and decide any appeal to it under this subsection and it shall convey its decision thereon to the parties.
(c) A hearing under this subsection shall be held in private.
- (a) A party to a dispute in relation to which a rights commissioner has made a recommendation may appeal to the Court against the recommendation and the parties to the dispute shall be bound by the decision of the Court on the appeal.
On the substantive issue the Court decides that the Appellant should be treated no differently to other staff members made redundant by this Employer. Accordingly, the Court decides that the Employer should pay to the Worker concerned a severance payment equal to three week's pay per year of service in addition to the statutory amount he has already received.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
3rd July, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.