LCR22754

1. Redress sought for Complaint

BACKGROUND:

2. The Union on behalf of the Workers referred this case to the Labour Court on 24 April 2023 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 17 May 2023.





RECOMMENDATION:

This matter comes before the Court by way of a referral by the Trade Union under Section 20(1) of the Industrial Relations Act, 1969. The employer chose not to attend the hearing of the Court as is its right and chose not to make any submission to the Court.

It is the understanding of the Court that the matter relates to the redundancy of over 200 positions in the employment of Indeed Ireland and the consequent loss by approximately 200 workers of their employment with that company. The Trade Union has submitted that its members in the employment were denied the opportunity to engage with their employer through their trade union in respect of the significant issues arising for them.

The Trade Union has advised the Court that, notwithstanding the failure of the employer to facilitate engagement with the Trade Union, its members were recently placed in the position where, in their view, they had no choice but to sign individual settlement agreements with the employer which addressed the termination of the employment relationship.

The Court has given very careful consideration to the oral and written submissions of the Trade Union. The Court was deprived of the opportunity to hear from the employer with regard to any matter put before the Court by the Trade Union.

The Court considers it to be regrettable that workers in membership of the Trade Union were not facilitated to engage as they desired with their employer through their Union at a time when the future of their employment was under threat. In the view of the Court, the proposition that workers at risk of the loss of their employment be deprived of the opportunity to engage on that matter with their employer through the Trade Union of their choice is not consistent with the respectful conduct of good industrial relations.

The Trade Union has submitted that its members feel frustrated and very disappointed with their treatment by their employer at such a significant moment in their careers.

Having regard to the situation at the date of hearing of this matter there can, in the view of the Court, be little value from a dispute resolution point of view in the Court issuing a Recommendation which would purport to address specifics as regards information and consultation or redundancy terms paid to workers who have lost their jobs and who have concluded settlement terms with their employer.

The Court does however recommend that the parties to this matter accept that arrangements for engagement with workers at a point where their employment is at risk is a process that should be underpinned by respect; and that a failure to permit workers to be represented by a Trade Union of their choice if that is their wish at such a time cannot be viewed as being consistent with such an underpinning.

In any such circumstance which might arise in the future, the Court recommends 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 in good time as necessary to achieve resolution of any disputes arising.

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
18 May 2023	Chairman