FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTHHILL COMMUNITY SERVICES BOARD LTD (IN LIQUIDATION) (REPRESENTED BY GRANT THORNTON) - AND - CATHERINE HICKEY (REPRESENTED BY LEAHY & PARTNERS SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Enhanced redundancy.
BACKGROUND:
2. This dispute concerns the Worker's claim for an enhanced redundancy payment. The Worker referred this case to the Labour Court on the 6th September, 2013, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 19th February, 2014. The Liquidator declined to attend the hearing.
WORKER'S ARGUMENTS:
3. 1.The Worker was given various reasons for her redundancy.
2.There are both internal and external precedents for enhanced redundancy payments.
3.The Worker is claiming an enhanced redundancy payment of 3.35 weeks' per year of service.
RECOMMENDATION:
Having considered the oral and written submissions of the parties the Court recommends that an ex-gratia payment of three weeks' pay per year of service in addition to statutory redundancy entitlements should be paid to the Claimant in this case.
The Court notes that due to the financial circumstances of the organisation it does not have the funds to pay this amount out of its own resources. The Court therefore recommends that the parties jointly co-operate in seeking the necessary funds from the relevant funding agencies to discharge the amount recommended.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
31st March, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.