INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
JOSEPH MURPHY STRUCTURAL ENGINEERING LIMITED
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Redundancy settlements
2. The claim is for a redundancy settlement in excess of statutory entitlements for 5 workers who have been employed by the Company for varying periods of time - from 6/7 years to 41 years. The Union is claiming the same settlement as that awarded in LCR16699, which related to the same Company, i.e. 2 weeks' pay per year of service plus statutory entitlements.
The Union referred the case to the Labour Court on the 15th of November in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 6th of February, 2001. The Company did not attend the hearing but did forward a letter to the Court. In it, the Company claimed that it was not now trading and was not in a position to make further payments to the workers concerned. It also claimed that 2 of the workers were not in dispute with the Company.
3. 1. The Union tried to contact the Company to negotiate reasonable terms but was unable to do so. The Company has been highly successful in Ireland, and has extensive interests in the U.K.
2. The workers have been employed with the Company for a long time e.g. 30 years plus, and 41 years. They deserve to be rewarded for such long service.
The Company did not attend the hearing, but did provide a written statement. Due to the circumstances of this case, and in particular the length of service of the workers involved (up to 41 years' service), the Court recommends that the Company should pay the claimants 2 weeks' pay per year of service, in addition to the payments already made, in full and final settlement of their claim.
Signed on behalf of the Labour Court
20th February, 2001______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.