FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FOGARTY DRILLING LTD (REPRESENTED BY JOHN M FOLEY & CO. SOLICITORS) - AND - A WORKER (REPRESENTED BY NORESIDE RESOURCE CENTRE) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation No: r-097585-ir-10/JC
BACKGROUND:
2. This is an appeal by the employer of Rights Commissioner's Recommendation No: r-097585-ir-10/JC. The issue concerns a claim by the worker for enhanced redundancy terms. The dispute was referred to a Rights Commissioner for investigation. Her recommendation issued on the 9th May, 2011 and recommended that a termination payment of €5,000 be made to the worker in full and final settlement of the dispute. On the 20th May 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 9th May, 2012.
EMPLOYER ARGUMENT:
3 1 The Employer has met his legal obligations to the worker as statutory redundancy entitlements were paid. In the current business environment, the Company cannot sustain the additional costs of the enhanced terms being sought.
UNION ARGUMENT:
4 1 The worker is seeking an enhanced redundancy package of four weeks pay per year of service which is in line with analogous employment within the sector.
DECISION:
Having considered the extensive written and oral submissions presented to it, the Court, in all the circumstances of this case, 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.