INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
IRISH PRIDE GROUP
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr McHenry
Worker Member: Mr Rorke
1. (1) Claim for the payment of an agreed lump sum to workers who did not qualify for statutory redundancy payments whose employment was terminated prior to the issue and consideration of LCR15635. (2) Bonus due to workers on termination of employment.
2. The Company which is part of the Irish Pride Group ceased trading on the 6th of September, 1997. On the 15th of September, 1997, the Labour Court issued LCR15635 in which it recommended severance terms as outlined in the Company's letter of the 19th of November, 1990. The terms provided for a lump sum payment to be made to workers who did not qualify for statutory redundancy.
The dispute before the Court concerns the Union's claim on behalf of a number of workers who were laid off prior to the issue of LCR15635 who did not receive the lump sum payment. The Union is also seeking payment of the Company bonus for the period January, 1997 to September, 1997.
An invitation to attend a conciliation conference under the auspices of the Labour Relations Commission was declined by the Company and the Union referred the matter to the Labour Court on the 22nd of December, 1997 under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Thurles on the 22nd of September, 1998. The Union agreed to be bound by the Court's recommendation.
Prior to the hearing IBEC, on behalf of the Company, informed the Court that redundancy payments had been made in accordance with LCR15635 and that the Company would not be represented at the hearing.
3. 1. The Company made a commitment on the 11th of September, 1997 to abide by the 1990 redundancy deal. It did not honour its commitment. It failed to pay the lump sum to a number of workers who did not qualify for redundancy entitlements.
2. The Company operated a bonus scheme which was paid in December each year. The Union is seeking payment of the bonus for the period January, 1997 to September, 1997.
The employer did not attend the Court but a letter indicating that the Company had ceased trading in September, 1997 and claiming that LCR15635 had been implemented, was supplied to the Court.
The Court fully supports the claim from the Union for implementation of LCR15635 but asked for information to support the claim by the Union that this had not been done. This information has not been received.
The Court, therefore, finds no reason to uphold the Union's claims.
Signed on behalf of the Labour Court
30th November, 1998______________________
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.