INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
DARNDALE BELCAMP INITIATIVE LTD
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr McGee
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
1. Enhanced redundancy package for sector.
2. The case before the Court concerns a worker who was employed by the Darndale Belcamp Initiative Ltd, as part of the whole time job initiative programme since 1997. The worker finished on the programme on 20th June, 2003.
The worker (represented by SIPTU) is seeking redundancy on the basis that he was employed on a full time basis under contract.
The Company rejected the claim on the basis that the position did not exist but was created to facilitate the workers training and development on the job initiative programme. Extensions on the scheme may be granted on a yearly basis for three years subject to a yearly review depending on funding.
On the28th of July 2004, the Union (on behalf of the worker)referred the issue to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Courts Recommendation.. A Labour Court hearing took place on the 8th of December, 2004.
3. 1. The worker in question was employed on a full time basis under contract and is entitled to redundancy terms as a result. The Union (on behalf of the worker) are seeking 3 weeks pay per year of service plus statutory entitlement.
4. 1. The scheme, which is funded by FÁS, creates positions for participants for a maximum of three years, if appropriate, or extension may be granted depending on available funding.
2. The position in question did not cease to exist but became vacant following the completion by the participant of their time on the job initiative programme.
The Court has considered the submissions of the parties. In accordance with precedent already established by the Court, the claimant should receive two weeks pay per year of service plus statutory redundancy entitlements.
The Court so recommends.
Signed on behalf of the Labour Court
23rd December, 2004______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.