INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
FALCON PRINT LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
1. Appeal of Rights Commissioner's Recommendation IR9045/02/JH.
2. The Company was established in 1979 in Bray, Co. Wicklow.
The worker concerned has worked in the finishing area of the Company for twenty three years. In April, 2002, Management announced, that for operational reasons the Company would be re-locating to the premises of its sister Company in South Cumberland Street.
The Union on behalf of the worker concerned is seeking a redundancy package in line with that which was paid to two of her colleagues. The Company rejects the claim stating that a redundancy situation does not exist as her position is still available.
The dispute was referred to a Rights Commissioner for investigation and recommendation. Her recommendation issued on the 25th of October, 2002, as follows:-
"The claim was for enhanced redundancy repayments which, in my view, the employer is not obliged to pay and I do not recommend that enhanced redundancy terms be paid to the claimant"
The worker appealed the Recommendation to the Labour Court on the 26th of November, 2002, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 21st of January, 2003, the earliest date suitable to the parties.
3. 1. The worker concerned has an unblemished employment record with the Company for twenty three years.
2. The transfer from Bray to South Cumberland Street was compulsory.
3. The worker concerned sought redundancy prior to the transfer. She was unhappy with the move and with the situation in the new location.
4. The worker concerned should receive a redundancy package in line with that which was paid to her two colleagues.
4. 1. The move to South Cumberland Street was necessary due to a downturn in business.
2. It was agreed that staff being transferred would receive a once off lump sum of €300 and that the Company would finance the purchase of an annual commuter ticket from Bray to Dublin. Two members of staff, a printer and a part-time finisher received a redundancy package as there was not sufficient work for them.
3. A redundancy situation does not exist in this case as the position transferred with the worker to South Cumberland Street.
The Court is satisfied that work exists for the claimant, albeit in a new location and that her work has in the main been transferred to this new location. The Court accepts that the claimant finds the transfer difficult for a number of reasons and has sought redundancy as a result.
The Court cannot recommend a redundancy where none exists and therefore rejects the Union's Appeal.
However, the Court recommends that the claimant be paid the €300 relocation money, based on the fact that she moved to the new base and that every effort be made to facilitate her in returning to work. This should include a positive support programme to overcome the difficulties that have arisen for her in changing work location.
Signed on behalf of the Labour Court
27th January, 2003______________________
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.