FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BUS EIREANN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION NATIONAL BUS AND RAIL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Voluntary severance as per LCR21438.
BACKGROUND:
2. This 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 19 February 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 18 April 2019.
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties.
The Trade Unions seek to have the company make available 15 voluntary severances of drivers across three depots where recruitment of drivers is taking place. The Trade Unions base their claim on the fact that the Court, in an earlier Recommendation (LCR21438), recommended that a minimum of 120 voluntary severances should take place across the company. The Trade Unions contend that those 120 severances were to take place in a manner earlier advised by the company on a depot by depot basis. It was submitted that, while 120 severances have taken place, the numbers made available in Drogheda, Dundalk and Sligo were less than had been indicated to the Trade Unions by the company prior to the issue of LCR21438.
The Company submitted that it had never guaranteed particular numbers of severances on a depot by depot basis. It submitted that it has implemented LCR21438 in full. Finally, it submitted that it could not make voluntary severance at a significant cost in depots where it is actively attempting to recruit drivers.
This matter creates significant difficulties for the Court. It is common case that 120 voluntary severances of drivers have taken place across the Company arising from implementation of LCR21438. The Company contends, and this is not contradicted by the Trade Unions, that it is seeking to recruit 200 drivers across its network including through the recruitment of drivers to Drogheda, Dundalk and Sligo depots.
There can, in all of the circumstances, be no contention that a redundancy situation exists in respect of the drivers at Drogheda, Dundalk or Sligo depots. In essence therefore, the Court is asked to recommend that the Company should make available an ex-gratia lump sum by way of severance to drivers who wish to leave their employment in depots where recruitment of drivers is taking place. Notwithstanding that the Court can accept that certain drivers developed an expectation of voluntary severance through the implementation of LCR21438, the Court has to respect the fact that a voluntary severance is voluntary on both sides. Having regard to this reality and the fact of employment creation taking place across the network and in the three depots, the Court is unable to recommend that the Company make available 15 severances to drivers in Drogheda, Dundalk and Sligo depots.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
LS______________________
24 April 2019Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.