FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ESSO IRELAND LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Haugh Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Various issues
BACKGROUND:
2. This dispute arose from the decision to sell the Company and how this impacts the Workers. The Union, on behalf of the Workers, referred this case to the Labour Court on 16th July, 2015, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 24th September, 2015.
RECOMMENDATION:
The Respondent Company is the subject of a share sale to a competitor. In the event the sale is approved by the Consumer and Competition Protection Commission, the Union’s members will no longer have access to their current Defined Benefit Pension Scheme and will no longer be entitled to avail of the Company’s Employee Share Option Scheme by virtue of the rules that apply to those Schemes. The Union’s claim is one for compensation for its members in respect of the proposed discontinuation of the aforementioned Schemes.
The Court recommends that Parties avail themselves of the Conciliation Services of the Labour Relations Commission. The Court remains available to assist the Parties at any stage thereafter.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
25th September, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.