FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LAGAN BRICK LIMITED - AND - A GROUP OF WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Workers seeking severance pay terms along with future employment opportunity's.
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to severance terms and future employment prospects within the Company. THe Union referred the matter to the Labour Court in accordance with Section 20(1) of he Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 18th July, 2012. The empoyer was notified of the date and time of the hearing but did not attend. The following is the Court's Recommendation:
RECOMMENDATION:
The employer in this case decided not to participate in the Court hearing. This decision was regrettable as the Court would have benefitted from the employer's perspective on the issues between the parties.
On the basis of the submissions made and in the context of the expert financial report on the Company the Court recommends as follows:
Severance Payment
That the Company undertake to pay the 25 workers involved in this dispute an enhanced severance package made up of their statutory entitlement plus an additional payment in the amount of one week's pay per year of service.
Cap on Additional Payment
That the additional week's pay per year of service be capped at the level of €700 for day workers, €800 for craft workers and €1000 for night workers.
Phasing of Payment
That the Company pay the workers concerned their statutory redundancy with immediate effect. That the Company pay the workers concerned the additional week's pay per year service in two moieties. The Company should pay the workers concerned the first moiety together with the payment of their statutory redundancy. The second moiety should be paid when any one of the following conditions have been met:-
Either, 50% of the stocks of bricks that are currently retained on the Company's premises have been removed without disruption;
or
Ownership of the Company has changed hands;
or
Six weeks have elapsed from the date on which the Company has paid the first moiety to the workers involved.
Future Employment
The Court recommends that the Company undertakes, without obligation, to favourably consider the workers concerned for future employment if and when the plant recommences production.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
20th July 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.