INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
MR PATRICK RUSSELL
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
1. Compensatory payment.
2. The worker was employed by the Company as a General Maintenance and Stores Manager since the 9th of January, 1984. In February, 2000,the worker became ill and could not attend at work. The worker has furnished medical certificates since that date, stating that he is unfit for work.
The Union contacted the employer with a view to discussing an exit package for the worker. The Company made two offers to the worker, neither of which were accepted. As no agreement could be reached, the matter was referred to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 7th of January, 2002.
3. 1. The worker can no longer work and he has no pension entitlements.
2. The worker has long and loyal service with the Company.
3. The Company have an obligation to the worker.
4. 1. The Company have at all times kept open the position for the worker.
2. The Company did not attempt to make the worker redundant.
3. This is not a redundancy type situation and does not fall within the statutory definition of redundancy.
Having considered the submissions of the parties, the Court recommends that the Club offer and that the worker accepts an ex-gratia severance payment of euro19,000, in full and final settlement of all claims.
Signed on behalf of the Labour Court
21st January, 2002______________________
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.