FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NUI GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Breach of Public Service Agreement in respect of compulsory redundancy.
BACKGROUND:
2. This dispute concerns the Worker's claim that her redundancy was in breach of the Public Service Agreement. 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 25th April, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th September, 2014.
UNION'S ARGUMENTS:
3 1 The Public Service Agreement guaranteed that there would be no compulsory redundancies in the Public Service.
2 The Worker was employed by the University for seven years prior to her dismissal.
3 The Worker should be reinstated and compensated for loss of earnings arising from her dismissal.
EMPLOYER'S ARGUMENTS:
4 1 The Claimant ceased to be an employee of the University in January 2010.
2 The Claimant was employed for four weeks on a casual basis in October 2013.
3. The protection from redundancy provided by the Public Service Agreement does not cover those carrying out temporary casual work.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court, in the circumstances of this case, recommends that the College pay the Claimant the sum of €893.14 in full and final settlement of this dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
20th October, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.