FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH AND EAST KERRY DEVELOPMENT (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Enhanced redundancy.
BACKGROUND:
2. This dispute concerns a claim by the Union for an enhanced redundancy package for a Worker. This dispute could not be 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 dispute was referred to the Labour Court on the 3rdJanuary 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 29thMay 2013.
UNION’S ARGUMENTS:
3. 1. The Claimant was originally employed as a receptionist. This post survived the redundancies that were effected in the organisation. As she had been forcibly redeployed out of this post and made repeated requests to be returned to it had been refused, she should have been restored to her original position rather than be chosen for redundancy.
2. The Claimant was paid statutory redundancy entitlements only. The Court has issued a number of recommendations in this sector that provides for three weeks’ pay per year of service. The Claimant is seeking to have those terms applied to her.
3. The claimant was selected for redundancy out of turn and should be offered first refusal on any employment vacancy that arises in the organisation.
EMPLOYER'S ARGUMENTS:
4. 1. The Claimant was engaged in work for which funding had been discontinued. As there was no other work available the Claimant was made redundant.
2. The Organisation has had to make a number of staff redundant and has only ever paid statutory redundancy terms to those affected. The organisation has no funds of its own and relies on funding organisations to meet all of its costs.
3. The Claimant will be notified of any employment vacancy that arises and will be interviewed for any post for which she applies.
RECOMMENDATION:
The Court recommends that the worker be paid 3 weeks' pay per year of service in addition to her statutory entitlements.
The Court further recommends that the Company notify the Complainant, in writing and in good time, of all employment vacancies that arise within the 12 month period commencing on the date of this Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
1st August, 2013.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.