INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
BORD NA GCON
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
1. Appeal of Rights Commissioner's Recommendation IR7712/02/Gf.
2. The worker commenced employment as assistant Tote Manager and Supervisor at Enniscorthy Greyhound Track in 1962. He was employed on a part-time basis. The Union claims that the worker was informed by management that, because of his age, he was being let go along with three of his colleagues who were in a similar position. There was no provision for a severance package.
Management rejects the Union's claim. It states that the claimant had passed the retirement age.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 18th July, 2002. The following is the Rights Commissioner's Recommendation:-
- " I do not propose to make any comment on the issue of age/resignation/ dismissal other than to say I believe he was correct in his impression that the Board had treated him badly in making no appropriate provision for his parting. Therefore, I recommend he be provided with the sum €1,500 in full and final settlement of this dispute."
Management appealed the Recommendation on the 13th September, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court investigated the dispute in Waterford on the 23rd October, 2002.
The Court is satisfied that the claimant's contract of employment did not contain any express provisions as to retirement. Furthermore, the practice within the organisation was such that the claimant had a legitimate expectation that he could continue in employment for as long as he was fit to do so.
In the Court's view the Board were entitled to introduce a retirement age. However, since this involved a change in the terms under which the claimant was originally employed, it is not unreasonable that some compensation would be paid.
In the circumstances the Court determines that the claimant be paid an ex-gratia payment of €1,500.
Whilst the Rights Commissioner recommendation is upheld as to the payment it is varied as to the reasons and the classification of the payment.
Signed on behalf of the Labour Court
7th November, 2002______________________
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.