FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BORD NA MONA ENVIRONMENTAL LIMITED TRADING AS ANUA - AND - SIPTU, UNITE & TEEU DIVISION : Chairman: Mr Foley Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. 1. Scaling down of business, 2. Redeployment options, 3. No compulsory redundancy, 4. Redundancy terms & 5. Seniority of service
BACKGROUND:
2. This dispute arose from the decision to close Bord na Mona Environmental Limited trading as Anua. 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 23rd September, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd October, 2015.
UNIONS' ARGUMENTS:
3 1 The Workers are employees of Bord na Mona, not Anua.
2 The Workers should be redeployed within Bord na Mona with their current terms and conditions of employment.
3 If this redeployment subsequently proves not to be satisfactory, the option of a further redeployment or voluntary redundancy should be offered.
EMPLOYER'S ARGUMENTS:
4 1 The Employer's preference has always been redeployment rather than redundancy.
2 The Employer's approach to redundancies, when they arise, is to achieve them on a voluntary basis, but this is not always possible.
3. The redundancy terms on offer are in excess of both statutory and Public Sector terms.
RECOMMENDATION:
The Court has considered the submissions in great detail and has reflected fully on the points made at its hearing in this matter.
The Court regards any situation where the prospect of compulsory redundancy is under discussion as a most serious situation. The Court believes that wherever such a possibility arises there is a responsibility on all involved to engage effectively to explore every possibility to find alternative solutions. Indeed it is in the interest of any employee facing the possibility of loss of employment through compulsory redundancy to actively investigate all possibilities for alternative employment and that should be supported by the Trade Unions. It is clear to the Court that during the period from March 2015 when consultation commenced on issues facing the business no effective engagement has taken place wherein all possibilities for alternatives to compulsory redundancy were jointly and actively explored. It appears to the Court that in that time very many opportunities for take up of other roles in the company arose which were not pursued.
Recommendation
- •No compulsory redundancy should take place arising from the closure of Anua.
- •In the event of voluntary redundancy being taken up by any of the claimants the November 2013 terms should apply.
- •The parties should accept that the individuals concerned should immediately explore every opportunity for alternative employment which becomes available in this company and the union and the company should support fully the process of role identification, application etc. so as to ensure that all personnel involved secure appropriate employment as soon as possible.
- •In the particular circumstances of company closure arising here, employees who are redeployed to another role should enjoy no less favourable pay terms than apply to them currently.
Signed on behalf of the Labour Court
Kevin Foley
3rd November, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.