FULL RECOMMENDATION
) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MISS SELFRIDGE RETAIL (IRELAND) LTD - AND - MANDATE DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-141863-ir-14/EOS.
BACKGROUND:
2. This dispute concerns the Workers' claim for enhanced redundancy terms. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 10th December, 2014 the Rights Commissioner issued the following Recommendation:-
- "I uphold the complaint and recommend ... that the [Company] pay the [Worker] the four weeks per year of service redundancy formula within six weeks of the date of this recommendation."
On the 24th December, 2014 the Company appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd March, 2015.
3. 1. The Company decided to make the Worker's position redundant.
2.The Worker was not offered genuine alternative employment by the Company.
3.The Workers is entitled to redundancy terms contained in the Company-Union Collective Agreement.
COMPANY'S ARGUMENTS:
4. 1.The Worker applied for voluntary redundancy.
2.The Worker accepted the voluntary redundancy package.
3.The Worker has no entitlement to the enhanced package available for compulsory redundancies.
DECISION:
Having carefully considered the extensive written and oral submissions of both parties to this dispute the Court affirms the Decision of the Rights Commissioner and decides accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
30th March, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.