FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : C&C GLEESON (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - GROUP OF NAMED WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Claims for an ex-gratia redundancy payment.
BACKGROUND:
2. The case concerns a claim by the Union on behalf of 11 Workers for ex-gratia redundancy payments.
On the 19th April 2016, the Workers referred the dispute to the Labour Court 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 the 16th June 2016. The Employer did not attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The redundancy package sought by the Workers is not unreasonable and is in line with settlements reached within the organised service/manufacturing sector.
2. C&C Gleeson is very a successful organisation and staff at the Borrisoleigh plant received enhanced redundancies following a Labour Court Recommendation.
3. There is an agreement in place since 2015 between SIPTU and the Company on enhanced redundancy terms.
RECOMMENDATION:
The issue before the Court concerns claims made by the Union on behalf of eleven named Claimants and was brought under Section 20(1) of the Industrial Relations Act 1969. The Union sought an ex-gratia redundancy payment in line with that agreed between the Company and the Union for workers recently made redundant in the Company.
The Court notes that the statutory redundancy payment has been paid to all Claimants.
The Court finds it regrettable that Management refused to attend the Adjudication Service of the Workplace Relations Commission, or to attend the Court to outline its position.
Having considered the arguments put forward to the Court, the Court recommends that in addition to the statutory redundancy payment already paid, the Company should pay an ex-gratia redundancy payment of 1 ½ week’s pay per year of service, subject to a “cap” of €72,000 on the total amount, in line with the terms agreed with the Union in October 2015.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
20th June, 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.