FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MICHAEL DAVITT NATIONAL MEMORIAL CO LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Enhanced Redundancy payment.
BACKGROUND:
2. This case concerns a dispute between the Michael Davitt National Memorial Company Limited and SIPTU in relation to a claim for enhanced redundancy terms. The Union is seeking the application of the national agreement on enhanced redundancy terms for Community Employment Supervisors which provides for 3.35 weeks' pay per year of service in addition to statutory entitlements. The employer's position is that it has paid statutory redundancy entitlements to the worker but does not have the financial resources to pay the enhanced terms as sought by the Union.
The dispute was not 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 matter was referred to the Labour Court on 12th August 2013 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th February 2014.
UNION'S ARGUMENT:
3 1 The worker is entitled to be paid the enhanced redundancy terms in line with the national agreement on the issue. If the employer does not have the funding to pay the enhanced terms it should seek the funding from the Department of Social Protection.
EMPLOYER'S ARGUMENT:
4 1 The employer has paid statutory redundancy entitlements to the worker but does not have sufficient funds to pay the enhanced terms being sought.
Mr Walsh
RECOMMENDATION:
The matter before the Court concerns a claim for an enhanced redundancy payment for the Claimant who has employed as a Community Employment Scheme Supervisor. The Scheme closed on 30thNovember 2012 and the Claimant was paid statutory redundancy in respect of his service with the Scheme dating back to 11thDecember 1995.
The Union sought the application of the nationally agree Community Employment Supervisors redundancy package – 3.35 weeks' pay per year of service plus statutory redundancy. This agreement was made in 2002 between the then Department of Enterprise, Trade & Employment, FÁS and the Unions and updated in 2005 whereby it was agreed that FÁS would advance funds to Sponsors to enable payment of enhanced severance payments for Community Employment Supervisors.
Management stated that the Michael Davitt National Memorial Company Limited Scheme was closed due to the cut in FÁS/Department of Social Protection maintenance grants and therefore had no resources to meet the claim.
The Court notes that funding for the Scheme is now provided by the Department of Social Protection.
Having considered the submissions of both parties the Court is of the view that in accordance with the nationally agreed redundancy package for Community Employment Supervisors the Claimant should be paid 3.35 weeks' pay per year of service in addition to the statutory redundancy payment already paid for his reckonable years of service as a Supervisor with the Scheme. Therefore, the Court recommends concession of the claim.
In order to implement the Recommendation, the parties should jointly approach the Department of Social Protection with a view to securing the necessary funding to pay the recommended ex-gratia payment.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th February 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.