FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : EMO OIL LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Redundancy terms.
BACKGROUND:
2. This dispute concerns the redundancy package offered to four administrative staff. 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 30th May, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th June, 2013.
UNION'S ARGUMENTS:
3 1 The Employer is part of a very successful and profitable international group of companies.
2 The Workers have given decades of loyal hard-working service to the Employer.
3 The Employer is attempting to pay these female Workers less favourable terms than those previously offered to their male colleagues.
EMPLOYER'S ARGUMENTS:
4 1 The Employer must reduce costs in order to retain existing business and win new business.
2 The proposed redundancy terms are very generous and in line with the industry norm.
3. The Workers are not being treated differently from male colleagues.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
The Court finds that the terms of the Agreement that emerged from the Conciliation Conference held on 27thApril 2010 have been applied in all cases where redundancy terms have been collectively bargained with the trade union involved. Accordingly the Court finds no basis for not extending it to this group of workers also.
The Court therefore recommends that the redundancy term offered to these workers should be brought into line with those set out in the Agreement of the 27thApril 2010.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
26th June, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.