FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 Section 26(1), Industrial Relations Act, 1990 PARTIES : ECLIPSE CARE (SILVER STREAM HEALTHCARE GROUP) - AND - IRISH NURSES AND MIDWIVES ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Redundancy Terms and Redeployment
BACKGROUND:
2. This case concerns a dispute between the Employer and the Unions in relation to redundancy terms and relocation. The staff in question are employed as Nursing and Care Staff at the Killiney Grove Nursing Home. The facility has closed due to the non-renewal of the lease from the property owner. Management has a number of other facilities and has offered redeployment to the staff in question to a preferred location. It has offered a retention/relocation bonus to staff willing to relocate.
The Unions are seeking redundancy terms of three weeks pay per year of service in addition to statutory entitlements as this is considered to be a legitimate redundancy situation. The Unions are also seeking an enhancement to the retention/relocation payment. The Unions contend that Management had offered €5.5k net for Nursing staff and €4k net for Support/Care Staff. The Unions are seeking €5.5k net for all staff who are willing to relocate.
The matter was not resolved at local level and was the subject of a conciliation conference under the auspices of the Workplace Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 8th October 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 26th November 2015.
UNION'S ARGUMENT:
3 1 The Unions consider this to be a legitimate redundancy situation. It is accepted that there have been alternative locations offered to staff which may not be suitable to each individual's personal circumstances. In the event that a relocation is accepted, the Unions are seeking an enhancement of the retention/relocation payment. If an alternative location is deemed by the individual to be unsuitable, the Unions are seeking redundancy terms of three weeks' pay per year of service in addition to statutory entitlements.
MANAGEMENT'S ARGUMENT:
4 1 Management is willing to accommodate all its staff in alternative work locations. Management identified four locations in Dublin and a new facility which will shortly open in Dunlavin, Co Wicklow. Management has also offered a generous retention payment for those who are willing to relocate and remain in the employment of the organisation.
RECOMMENDATION:
The Court has carefully considered the submissions of the parties and the points made at the hearing.
The Court recommends that, in the particular circumstances and taking account of (a) the specific factors giving rise to the closure of the Nursing Home, and (b) the nature of the alternatives available to the staff of the home, the following terms should apply:
•The retention bonus proposal (reflective of travel costs and travel time) as originally made by the company should be amended so as to provide for a payment of €5,500 (net.) to all employees remaining in the employment of the organisation.•Redundancy terms of two weeks pay per year of service in addition to statutory entitlement should be paid to staff leaving the organisation as a result of the closure of the Killiney facility.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
30th November 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.