FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUN LAOGHAIRE COMMUNITY TRAINING WORKSHOP - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Termination of employment.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union that the employment of one of its members was terminated unfairly. The Union claims that the worker commenced employment with Dun Laoghaire Community Training Workshop in August, 1995 as a Relief Catering Instructor. The worker continued to be employed as an instructor on a contract basis on various work related schemes which provided training for unemployed people. Funding for the different schemes is provided by FÁS.
The worker's contract of employment expired on the 29th of May, 1998 and was not renewed by Management. The Union claims that its member is entitled to a redundancy settlement to include four weeks pay per year of service plus statutory entitlement. In addition, the worker should get her Minimum Notice entitlement and any outstanding Holiday Pay due to her.
The Union received a letter from the chairman of the workshop on the 26th May 1998 confirming their intention to pay any outstanding holiday entitlement.
Management rejects the Union's claims and states that no dismissal took place. The worker was on contract. Management decided not to renew the contract for operational reasons.
The Union referred the dispute to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 28th of October, 1998.
UNION'S ARGUMENTS:
3. 1. The worker has never been the subject of any disciplinary procedures nor has there ever been any complaints in relation to how she performed her duties.
2. The worker received letters from the Board of Management expressing their satisfaction with the outcome of the "Work Experience Programme".
3. The worker was informed that her employment was being terminated despite the fact that the "Work Programme" was continuing.
4. The worker was in continuous employment with the organisation and should be given a satisfactory redundancy package.
5. FÁS has indicated that they would consider any request for additional funding in the light of the present case.
MANAGEMENT'S ARGUMENTS:
4. 1. The worker was employed on a fixed term contract basis. She was aware of the date her contract was due to be terminated.
2. The Union was also aware that the worker's contract would not be renewed.
3. Management decided not to renew the worker's contract of employment as the numbers on the "Work Experience Programme" had fallen to an unacceptable level.
4. The Board of Management obtains its funding from FÁS. It is not in a position to offer a redundancy package to the worker.
5. Management has at all times treated the worker in a fair and equitable manner.
RECOMMENDATION:
The Court considered the oral and written submissions of the parties and finds that while the claimant was on fixed term contracts, that at the expiry of her last contract on Friday, the 29th of May, 1998 a redundancy situation arose.
The claimant had been on a series of fixed term contracts since the 28th of August, 1995, at the expiry of each contract a new contract was immediately entered into. Therefore, her employment is considered as continuous for the purpose of establishing a right to redundancy under the Redundancy Payments Acts 1967-1991.
The Court recommends that the claimant should be paid a redundancy payment of twice the statutory entitlement, inclusive of the statutory entitlement.
As the claimant was notified on the 8th of April, 1998 that her contract was not going to be renewed and she understood that her employment was coming to an end with effect from the exipry of her contract in May, 1998, the Court believes that she was thereby given notice of termination of her employment. Therefore, there is no entitlement to pay in lieu of notice.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th November, 1998______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.