FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : EASONS LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Mr Hall |
1. Redundancy Terms
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union regarding redundancy terms for employees at the Company's warehouse facility in Swords, County Dublin. The dispute could not be 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 dispute was referred to the Labour Court on the 29th May, 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th July, 2017. The following is the Recommendation of the Court:
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.
The Court notes that the matter before the court involves the re-structuring of the business and the consequent compulsory redundancy of 56 staff.
The Court’s attention has been drawn to its own recommendation (LCR20865) of 2014 which dealt with compulsory redundancy in this company. The Court notes that this recommendation was accepted by the parties. The Court also notes that recommendation LCR20865 was not intended to have wider application.
Taking all of the circumstances of the current situation into account the Court recommends that the offer of the Company be adjusted so as to provide compulsory redundancy terms as follows:
- Statutory Redundancy entitlement plus 3.75 weeks pay per year of service with an overall cap on the amount payable of €140,000.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
JD______________________
31 July 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.