INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
ROSCOMMON PRECISION CASTINGS
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
1. Redundancy terms for 32 workers.
2. The Company manufactures steel castings for a wide variety of markets and employs 42 workers. The workers voted on and rejected a Labour Court Recommendation. The workers balloted for industrial action and notice was served on the employer on the 11th of June, 2001. On the 27th of June, 2001, the Company advised the workers that it was closing down. The Union wrote to the Company on the 28th of June, seeking a meeting to discuss redundancy terms of 5 weeks per year of service. The Company refused to attend meeting and stated that it saw no point in discussing the matter.
On the 10th of July, 2001, the Union referred the matter to the Labour Relations Commission. The Labour Relations Commission invited the Company to a conciliation conference but the Company refused to attend.
The Union referred the matter to the Labour Court under Section 20 of the Industrial Relations Act, 1998. The Company made a written submission to the Court and advised that it would not be attending at the hearing. A Labour Court hearing took place on the 8th of January, 2002, in Athlone.
3. 1. The workers have made a significant contribution towards the Company over the years, many of them have spent a good part of their lives with the Company and they are entitled to redundancy based on this contribution.
2. The Company can afford to pay more than the statutory redundancy which they have paid to the members.
3. The Company has another plant in England and it continues to trade from there.
The Court regrets that the employer did not attend the hearing to investigate this dispute. The employer did, however, make a written submission to the Court which, together with the written and oral presentations of the Union, has been fully considered in formulating this recommendation. It is noted that while the employer submitted profit and loss accounts for the business, information as to the Company's assets was not provided.
In all the circumstances of this case, the Court recommends that the Company offers and the Union accepts a redundancy package of 3 weeks' pay per year of service.
Signed on behalf of the Labour Court
16th January, 2002______________________
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.