FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BAWNOGUE UNEMPLOYMENT GROUP LIMITED - AND - A WORKER REPRESENTED BY UNITE DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Enhanced redundancy terms.
BACKGROUND:
2. This dispute concerns a claim for enhanced redundancy 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 23rd September, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th November, 2013.
UNION'S ARGUMENTS:
3 1The Worker was employed as a Jobs Club Co-ordinator from 2002 and as a result of a decision to withdraw funding his employment was terminated on 29th March, 2013.
2 On numerous occasions enhanced redundancy payments have been paid to former employees.
3 The payment of enhanced redundancy payments has mainly been on foot of Labour Court Recommendations that employees should receive enhanced redundancy payments. There are numerous Court Recommendations awarding enhanced redundancy payments in these situations.
COMPANY'S ARGUMENTS:
4 1The position was solely funded from the Department of Social Protection (DPS) and previously FÁS.
2 The Company is a not-for-profit organisation and is unable to pay the statutory redundancy payment and will process this through the DSP.
3. The Company has made several written requests to DSP to finance the payment of enhanced redundancy payments.
RECOMMENDATION:
The Court believes that the Worker associated with this claim should not be placed in a worse position in relation to redundancy terms that those made redundant in comparable employments. On that basis the Court recommends that the Claimant be paid a redundancy lump sum comprising three weeks' pay per year of service plus statutory terms.
The Court is aware that the employer in this case is wholly dependent on funding from an external source. In these circumstances the Court further recommends that the parties jointly approach the funding provider with a view to obtaining the necessary funds in order to implement this Recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
10th December, 2013.______________________
CO'RChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.