INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Compensation for relocation.
2. The Union submitted a claim for compensation on behalf of eight members.
The Union states that the workers suffered financial loss and incurred a longer
working day as a result of the Company's decision to relocate to Shannon, Co Clare
from Castletroy, Co Limerick. The Union claims that the workers concerned were not
given access to the voluntary exit mechanism that was open to their colleagues.
Management rejected the claim. It states that the Company provided transport to and from the Shannon plant for 14 weeks after the move. Also, four of the claimants were offered redundancy, but accepted new posts at Shannon and waived their right to the redundancy package.
The Union referred the dispute to the Labour Court, on the 18th March, 2003 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to the bound by the Court's recommendation. The Court investigated the dispute on the 25th June, 2003.
The Company did not attend the Labour Court hearing.
3. 1. The effect of the relocation has reduced the workers real income because of the cost associated with a thirty mile round trip each day.
2. It can now take up to an hour each way getting to and from work.
3. The workers concerned were not given access to the voluntary exit mechanism that was open to their colleagues, some of whom live in Shannon and have been subsequently rehired by the Company.
4. The members have been unfairly treated by their employer. The effect of this unfair treatment is a longer working week, more expense and increased personal debt.
5. There is no internal grievance procedure to adequately address workers' complaints. Some workers are now being victimised by their employer for processing their grievance with the assistance of the Union.
The employer did not attend the Court hearing, but did provide a written statement of their position. The Court has considered this statement together with the written and oral submission of the Union.
The Court recommends that for those four claimants who had no option but to transfer to the new location in Shannon, the sum of €1,250 should be paid to each in recognition of the inconvenience experienced as a result of the move. The Court recommends that for those four claimants who accepted a job offer in Shannon and consequently waived their entitlement to a redundancy package, that they should be paid €600 each in recognition of the inconvenience experienced as a result of the move.
Signed on behalf of the Labour Court
10th July, 2003______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.