FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SLIGO NORTHSIDE COMMUNITY PARTNERSHIP LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Redundancy Terms.
BACKGROUND:
2.
The dispute concerns a claim for an enhanced redundancy package for a Community Employment Scheme Supervisor that was made redundant after 18 years service on 3rd January 2014. The redundancy was a direct consequence of the Sligo Northside Community Partnerships' amalgamation with the larger North Connaught Youth and Community Service. The Employer rejects the claim stating that they do not have the monies to pay an ex-gratia redundancy payment.
The 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 22nd September, 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th November, 2014.
UNION'S ARGUMENTS:
3. 1. A National Agreement was reached between the Department of Enterprise, Trade and Employment, FÁS and Unions in 2002 and 2005, which provides for an enhanced redundancy package for CE Supervisors.
2. It is fair and reasonable for the Claimant to be paid in accordance with the terms of the 2002/2005 Agreements.
EMPLOYER'S ARGUMENTS:
4. 1. As a small voluntary community group the employer is unable to fund the cost of the statutory redundancy, an enhanced package is therefore beyond it's financial capability
2. The Claimant was paid his statutory redundancy entitlement in full.
RECOMMENDATION:
The matter before the Court concerns a claim for an ex-gratia redundancy payment by the Union on behalf of a CE Supervisor made redundant on 3rdJanuary 2014. The Claimant was paid a statutory redundancy payment. The Union sought application of the nationally agree CE Supervisors ex-gratia redundancy package – 3.35 weeks’ pay per year of service in addition to the statutory redundancy. These terms were agreed in the 2002 and the 2005 National Agreements reached between the Department of Enterprise Trade And Employment and FÁS (as there were then known) and the Trade Unions.
The Employer’s organisation operated a Community Employment Scheme for a long number of years. It was initially funded by FÁS and latterly by the Department of Social Protection. The Community Employment Scheme was amalgamated with another Scheme in January 2014, resulting in the redundancy of the Worker. Management rejected the claim on the basis that it had no funds to pay an ex-gratia redundancy payment.
Having carefully considered the submissions of both parties, the Court recommends that in line with similar analogous employments the Worker should receive an enhanced redundancy payment of 3.35 weeks’ pay per year of service in excess of his statutory redundancy entitlement. The Court notes that due to the financial circumstances of the organisation it does not have the funds to make this payment and, therefore, the Court further recommends that the parties should co-operate with each other in seeking funding to discharge the amount recommended.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th December, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.