FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CITY OF LIMERICK VEC - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation No: r-099513-ir-10-MH
BACKGROUND:
2. This case is an appeal by the employer of Rights Commissioner Recommendation No: r-099513-ir-10-MH. The issue concerns a claim for enhanced redundancy terms. The employer's position is that the worker accepted statutory redundancy entitlements and signed a disclaimer which precluded her from making any further claims against the employer. The worker's position is that she was unaware of the import of what she was signing. She contends that she thought she was signing a confirmation document confirming receipt of her redundancy payment.
The issue was referred to a Rights Commissioner for investigation. His Recommendation issued on the 26th July, 2011 and recommended that the worker be paid enhanced redundancy terms of two weeks pay per year of service on a without precedent basis.
On the 29th August 2011, the employer appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 10th May, 2012.
UNION ARGUMENT
3 1 The worker in this case received statutory entitlements only. She was also asked to sign a waiver/disclaimer in relation to her entitlement and that no further proceding s would be initiated against the employer. Management's actions in this case were unacceptable. There is well established precedence in analagous public sector employments that enhanced redundancy terms should apply in situations where employees on fixed term contracts are made redundant.
MANAGEMENT ARGUMENT:
4 1 The worker accepted statutory redundancy payment as the appropriate entitlement due to her. She was advised to consider the waiver and its contents. It is management's clear understanding that the worker was well aware of the significance of the waiver.
DECISION:
The Court has carefully considered the submissions of both parties to this dispute.
As no consideration, other than her statutory entitlement passed between the worker and her employer the waiver she signed did not amount to a compromise settlement of her claim against the VEC arising out of her redundancy. Furthermore the manner in which the waiver was presented to the worker did not meet the tests set out by the Court for such documents.
On the substantive issue, the Court upholds the Rights Commissioner's Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
21st June 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.