INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
DAVIS CENTRA QUICKSTOP
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY MANDATE)
Chairman: Mr Flood
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Redundancy payment.
2. The Company, previously part of the group MNK Enterprises was purchased in September 2003. The worker had been employed as a Personnel Manager since November 2000. The worker was made redundant on the 23rd May 2003 due to store rationalisation. The case before the Court concerns a claim by the Union on behalf of it's member for an enhanced redundancy payment. The Company rejects the claim.
On the 17th November, 2003, theUnionreferred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 19th May, 2004.
The Union agreed to be bound by the Court's Recommendation.
3. 1. The fact of a redundancy situation is not in dispute, what is in dispute is the low level of payment received by the claimant. The employer did comply with the statutory redundancy payment due at the time. However, the new and higher statutory payments commenced on the 25th May 2003, two days after the redundancy.
2. The Union's claim is that regardless of the statutory amount due, an ex gratia payment should have been offered. The norm in retail employment is 5 weeks including statutory.
4. 1. The Company feel they never got a reasonable opportunity to discuss options with the worker regarding continuation of employment with the Company. It was never their intention to make the worker redundant but to offer the worker suitable employment in accordance with the terms of the Redundancy Payments Act, 1967-2003.
2. The Company acted in a fair and reasonable manner and as a result the Union's claim should fail.
The Court has considered the written and oral submissions made by the parties.
Taking into account all aspects of this case the Court does not recommend any change in the financial arrangements that applied.
Signed on behalf of the Labour Court
31st May, 2004______________________
J O'C/MB.Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.