Complainant

Respondent

Anonymised Parties

A Worker

A Manufacturing Plant

 Representatives

Represented 

Represented 

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00008474-001

30/11/2016

The claimant has been employed as a Print Setter with the respondent since May 1999.Arising from trading losses in 2016, the respondent effected the redundancy of a number of positions.The claimant submitted the respondent was in breach of the Act for failing to pay him his statutory redundancy.He asserted that he had been a print setter over 20 years and the offer to be resdeployed as an operator was unfair as it constituted demotion and involved a loss of pay.He asserted that the new job would involve a loss of status and a worsening of his terms and conditions of employment.

The respondent submitted that owing to trading losses in 2016 it had to effect a number of redundancies following extensive consultation with SIPTU.The nature of the business that was lost was such that Print Setters would be directly affected.The claimant was advised in Sept. 2016 , that his role was being made redundant – he was offered alternative employment as a Relief Print Setter .This involved being paid as operator when not working as Print Setter.The claimant along with a colleague unsuccessfully processed the grievance through internal procedures .

The claimant commenced his new role as Relief Print Setter in November 2016.

The respondent submitted that they had made the claimant an offer of suitable employment which took effect immediately following the redundancy of the previous position.It was submitted that it was clear from the provisions of Section 15 that a refusal of the offer is a pre-requisite in circumstances where an offer of alternative employment has been made.By proceeding with the claim, t was submitted that the claimant was refusing the offer.It was submitted that Section 7 sets out an entitlement to a redundancy payment only if the employee “is dismissed by his employer”.Section 15 sets out that where alternative employment has been offered , the right to a redundancy payment only arises where such employment is not unreasonably refused.The offer to the claimant was captured in a letter to the claimant dated the 12^th.April 2017 which was submitted into evidence.

“ You will continue to be employed as a Relief Print Setter but you will be paid a minimum of 54%of all hours you work at Print Setter rate and a maximum of 46% of all hours you work at Operator rate.Your holiday pay and pension entitlements will also reflect this ration of payment.

To ensure you receive a regular weekly wage without excessive fluctuations this 54%/46% ratio will be paid each week at a composite hourly rate including average shift allowance of €15.096/hour.

The current Operator rate including average shift allowance is €13.1756/hour and the Print Setter rate including average shift allowance is €16.733/hour.

In any week that you work more than 54% of your time as a print setter you will be paid for the additional time and there will be no negative adjustment later to reduce the ratio to 54%/46%”.