INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Ex-gratia redundancy payment.
2. The dispute before the Court concerns a claim by a worker for an ex-gratia redundancy payment. The O'Connor Group have several retail outlets in the West of Ireland and Northern Ireland. The worker commenced employment with the O'Connor Group in 1994 as Household Manager. On the 10th of March, 2000, she was informed that the shop was closing down and would no longer exist after the end of April, 2000. The Company has offered the worker a redundancy payment in accordance with the minimum statutory terms.
The dispute was referred to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 15th of December, 2000.
3. 1. The Union sought discussions with the Company . The Company refused.
2. The Company has made reasonable profits and can afford to pay redundancy terms in line with other industries.
4. 1. The worker herself requested redundancy payment.
2. The worker refused an offer of alternative employment within the Company.
The Court is satisfied, having considered the written and oral submissions made by the parties, that the claimant had good reason to consider herself redundant.
The failure of Management to make contact with her in relation to her ongoing position, for weeks after announcing closure of her operation was totally unacceptable.
Taking into account all the circumstances of this case the Court recommends that the Company pay the claimant an ex-gratia payment of £5,000 in full settlement of this case.
Signed on behalf of the Labour Court
21st December, 2000______________________
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.