FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE CORK - AND - IRISH FEDERATION OF UNIVERSITY TEACHERS DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Claim for an ex gratia redundancy payment.
BACKGROUND:
2. This case concerns a dispute between Management and the Union in relation to an ex gratia redundancy payment for the Claimant who was employed by University College Cork as a half-time Assistant Lecturer in the Department of Speech and Hearing Sciences.The dispute was not 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 matter was referred to the Labour Court on 17th April 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 15th September, 2015.
UNION’S ARGUMENTS:
3. 1. At the time of the Claimant's redundancy the norm was four weeks' pay per year of service plus statutory entitlement.
2. There is written provision for a variation of the current National Agreement to facilitate fair and reasonable treatment of the Claimant.
3. The Claimant has been subject to the most egregious delays in dealing with her case.
MANAGEMENT'S ARGUMENTS:
4. 1. The collective agreement which provides for a maximum of three weeks' pay for each year of service is only applicable in respect of redundancies which took place on or after 1st June, 2015.
2. The Claimant was at the time and continues to be employed by the University as a half-time Lecturer in the department of Psychology on a permanent and pensionable basis and therefore the University cannot justify the making of an ex gratia severance payment.
3. A statutory redundancy payment was made to the Claimant in respect of the expiry of her half-time fixed-term contract.
RECOMMENDATION:
The issue before the Court relates to a claim by the Complainant for an ex gratia redundancy payment. The Claimant was employed by the University under a fixed-term contract of employment as a college lecturer (half-time) in Speech and Hearing Sciences from 18 September 2006 to 17 September 2009.
The parties are in agreement that the non-renewal of the Claimant’s fixed-term contract in 2009 gave rise to a redundancy situation. In the circumstances, the Respondent offered to make a statutory redundancy payment to the Claimant. This offer was not accepted by the Claimant. Her position has been, and continues to be, that she is entitled to an ex gratia payment in addition to the statutory payment offered by the Respondent.
The case made by the Union on the Claimant’s behalf is that she should be paid an ex gratia amount based on the formula the Union claims prevailed in the Education Sector at the time the Claimant’s fixed-term contract terminated i.e. a formula that pre-dated the coming into force of the 2012Collective Agreement on Enhanced Redundancy Payments to Public Servants. The Union’s position is that the prevailing ex gratia formula in question was four weeks’ pay per year of service. The Respondent’s position is that it never accepted the aforementioned basis for determining ex gratia payments. The Respondent conceded, however, that it applied this formula following the decision of the High Court inBushin v UCC[2012] IEHC 76.
The Court is mindful of the very particular and unique circumstances which give rise to this claim. Having regard to those circumstances, the Court recommends that the Respondent make an ex gratia payment of 4 weeks’ pay per year of service plus statutory redundancy to the Claimant in full and final settlement of the within claim, on a without precedent basis.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
CO'R______________________
9th October, 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.