Worker

Employer

Anonymised Parties

A Community Employment Supervisor

A Community Employment Scheme

Representatives

 Fórsa Trade Union

 Scheme Management

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00003516

05/12/2024

The worker was employed as a community employment (CE) scheme supervisor from January 1993 until her redundancy in November 2024. The worker is seeking enhanced redundancy terms in line with agreements previously concluded between the funders of CE Schemes and the Trade Unions representing CE scheme supervisors.

The Trade Union submits that the worker is entitled to enhanced redundancy terms of 3.35 weeks’ pay per year or service in addition to statutory redundancy entitlements. The Union stated that agreements concluded in 2002 between Fás, the Department of Enterprise, Trade and Employment and the Trade Unions representing CE supervisors and in 2005 between Fás and SIPTU provide for the payment of enhanced redundancy terms. The Union contends that this issue has previously been addressed by the Labour Court in LCR19611 and was further endorsed by the Circuit Court in 2010 (Record 2010/800).

The Union argues that the agreements remain in place as they were never cancelled or renegotiated when the Department of Social Protection took over the funding and administration of CE schemes from Fás in 2012. The Union is seeking that the worker be paid enhanced redundancy terms in line with the provisions of the agreements in question.

The employer agrees with the worker’s claim and noted at the adjudication hearing that the worker is deserving of the enhanced redundancy terms given her loyal and dedicated service to the organisation over many years.

In conducting my investigation, I have taken into account all relevant submissions presented to me at the adjudication hearing.

I note the position of the parties that there is no dispute between them in relation to the merits of the worker’s claim for enhanced redundancy terms. The issue facing the parties is that they are unable to obtain funding from the Department of Social Protection in relation to the worker’s claim.

I further note the previous agreements concluded in 2002 and 2005 in relation to the redundancy of CE scheme supervisors and the union’s submission is that the agreements remain in place and should apply to the worker in this case.

Previous recommendations from the Rights Commissioner’s Service ( as it then was) and the Labour Court have recommended that the parties should jointly approach the funder for the cost of the enhanced redundancy terms and as the Department of Social Protection took over the funding and administration of CE schemes from Fás in 2012 it is my view, that the appropriate course of action is for the parties to jointly approach the Department and seek the funding in relation to the worker’s claim.

I recommend that the parties jointly approach the Department of Social Protection in relation to seeking the additional funding to address the worker’s claim for enhanced redundancy terms.

Enhanced redundancy terms, Community Employment Schemes.