LCR22288

1.Dispute Over the Closure of 4 Hubs, Steps Taken to Avoid Compulsory Redundancy and Redundancy Terms

BACKGROUND:

2.This dispute was referred to the Labour Court on 19 October 2020 in accordance with Section 20 (1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 11 November 2020 in a virtual Court room.

RECOMMENDATION:

This matter comes before the Court by way of a referral by the Trade Union. The employer chose not to attend the hearing of the Court as is their right. The employer did provide the Court with a written statement which was also shared with the Trade Union.

The Court has given very careful consideration to the oral and written submissions of the Trade Union. The Court noted carefully the written statement of the employer but was unable to engage with the employer to clarify or discuss any element of the matters addressed therein.

The Court considers it to be regrettable that workers in membership of the Trade Union are not facilitated to engage as they desire with their employer through that union at a time when the future of their employment Is under threat.

In all of the circumstances outlined in the manner set out above, the Court makes the following recommendation:

That the parties should engage constructively to address matters raised by the workers through their Trade Union and should commit to utilising the State’s institutional dispute resolution framework as necessary.

In particular, the employer should consider all possible means to reduce the possibility of compulsory redundancy. Such matters will include a comprehensive consideration of:

• •The potential role which might be played by remote working as a strategy in respect of some roles. That consideration should be informed by the learnings gathered in recent months as a result of the global pandemic.

  •The potential role for ‘employee led’ swaps which have operational functionality as a means of enhancing the possibility of achieving voluntary redundancies. A mechanism to facilitate such swaps as between (a) staff who are prepared to be made redundant on a voluntary basis whose roles are not under threat and (b)staff who are not agreeable to voluntary redundancy whose roles are under threat has, according to the Trade Union, proved to be a constructive strategy in the sector previously. Any such mechanism should be founded on the operational suitability of the staff involved in terms of the roles they might swap into.

  •Adjustment of the offered redundancy package to provide for a voluntary take-up of (a) the terms as offered of five weeks’ pay per year of service inclusive of statutory entitlement or (b) in the alternative, terms of four weeks pay per year of service plus statutory entitlement; whichever is more advantageous to the departing employee.

	Signed on behalf of the Labour Court
	Kevin Foley
TH	______________________
12 November 2020	Chairman