FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROADSTONE KILMACOW (REPRESENTED BY ROADSTONE WOOD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Matters Related to proposed redundancies.
BACKGROUND:
2. This case concerns a dispute between management and the Union in relation to proposed redundancies. The Union is seeking the application of additional redundancy payments that previously applied as part of the "Carroll's Cross Agreement." The Union contends that the provisions of the Carroll's Cross Agreement were also applied to two Fitters at the Kilmacow site and should apply in the current situation also.
Management contend that redundancy terms are agreed with the Union and the specifics of the Carroll's Cross Agreement related to a specific site closure and have no relevance in the current situation.
The matter was not resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 20th September, 2012
UNION'S ARGUMENT:
3 1 The Union is not seeking an enhanced redundancy package. It is simply seeking the provisions of an Agreement that has previously been applied in similar circumstances.
COMPANY'S ARGUMENT:
4 1 The redundancy terms to be applied are already agreed with the Union. The terms currently being sought by the Union were applied in different circumstances to those that apply at present.
RECOMMENDATION:
The Court recommends that in accordance with the established and agreed arrangements, in situations other than redundancies arising from the total closure of a location, those being made compulsorily redundant should receive four and one-half week pay per year of service plus statutory terms.
Signed on behalf of the Labour Court
Kevin Duffy
11th October 2012______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.