FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WEXFORD WOMEN'S REFUGE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Enhanced severance payments of three weeks' pay per year of service in addition to statutory entitlements.
BACKGROUND:
2. This dispute concerns a claim for an enhanced redundancy package of three weeks’ pay per year of service exclusive of statutory entitlements for six former workers. 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 22nd September 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 18th March 2015.
UNIONS' ARGUMENTS:
3. 1. The Board, in restructuring the Women’s Refuge, has made significant savings by reducing staff numbers and by implementing the payment of a sleep-over allowance.
2. As the Women’s Refuge receive significant State funding and given that the Public Service redundancy terms are voluntary and are 5 weeks’ per year of service, the Unions contend that this compulsory redundancy should be 3 weeks’ pay per year of service exclusive of statutory entitlements.
EMPLOYER'S ARGUMENTS:
4. 1. Due to serious shortfalls, the organisation had to implement a temporary closure from 1stSeptember 2013 to 1stDecember 2013. During this time the organisation engaged with both Unions at local level to reach agreement on a new structure, roster and rates of pay.
2. The organisation is funded through Section 56 grants from TUSLA, the Child and Family Agency, the Department of Environment, Community and Local GovernmentandWexford County Council. It does not have the funding required to meet the Unions' claim.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the Unions’ claim for an enhanced severance payment of three weeks' pay per year of service in addition to statutory entitlements is fair and reasonable and should be conceded.
The Court notes the financial position of the Employer and its reliance on subvention from two State Agencies and a State Body. In those circumstances the Court further recommends that the parties jointly and severally approach those Agencies and that Body with a view to securing the funding necessary to meet the cost of this Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
27th March, 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.