INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
GETRONICS IRELAND LTD
- AND -
TECHNICAL, ENGINEERING AND ELECTRICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr Nash
1. Compulsory redundancy terms.
2. The case before the Court concerns 5 engineers employed by the Company who are being made redundant on a compulsory basis.
The Union are seeking enhanced redundancy terms on the basis ofthe length of service of the workers in question and that the redundancies are compulsory.
The Company rejects the claim on the basis that they have offered staututory redundancy to the workers, and given the financial concerns of the Company, are not in a position to offer enhanced redundancy terms.
On the 4th of February, 2005, the Union 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 Court's Recommendation. A Labour Court hearing took place on the 24th of February, 2005.
3. 1. The claimants are being made redundant on a compulsory basis, due to an apparent loss of business and a worsening of the Company's financial position, despite the fact that part-time staff were taken on by the Company at the time of the redundancies.
2. The Company's selection criteria for the redundanciesis unacceptable and at variance with their own stated policy.
3. The claimants had requested the appropriate training to acheive the ESF Accreditation, but this had been refused by the company.
4.1. The Company has discharged its obligations in relation to the Redundancies by offering statutory entitlements.
2. It is impossible to enhance the statutory redundancy terms offered, due to the financial position of the Company and a continued loss of business.
3. The Company is conscious of its ongoing responsibility to its other employees to ensure the viability of the Company and to avoid further redundancies.
4. The part-time staff were employed to fill in while the claimants were availing of annual leave entitlements.
Having considered the views of the parties expressed in their oral and written submissions, the Court recommends that each of the five claimants should be paid an ex-gratia severance payment of 5 weeks pay per year of service inclusive of the statutory redundancy payment.
Signed on behalf of the Labour Court
4th March, 2005______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.