INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
POOLBEG YACHT & BOAT CLUB
- AND -
(REPRESENTED BY GERRY WHITE)
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Ms Ni Mhurchu
1. Loss of earnings / compensation.
2. The worker was employed by the Company in 1988 and did general cleaning duties for 11 hours per week. The Club closed in February, 2004, while a new Marina and Club House was being built and it re-opened in December, 2004. In February, 2005, the worker was informed that due to a number of circumstances her work hours were to be reduced to 8 hours, and in November, 2005, her hours were further reduced to 4 hours per week.
In late 2006 the Company made an offer of statutory redundancy to the worker which she rejected. The Union is seeking that the worker's full 11 hours per week should be restored and that she should be compensated for loss of earnings since her hours were reduced. The Union referred the case to the Labour Court on the 19th of October, 2006, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 9th of February, 2007. The worker agreed to be bound by the Court's recommendation.
3. 1. The worker has been treated poorly by the Club after 18 years' service. Management made no attempt to discuss the situation with her since her hours were first reduced.
2. The worker's duties have not been reduced. Instead, the club has used part-time employees to do her work.
4. 1. The worker's hours were reduced because of poor trading in the Club bar and the effects of the smoking ban. The Club is simply not in a position to offer the worker 11 hours per week (the Club supplied financial details to the Court).
2. The worker has been offered statutory redundancy plus compensation for her loss of earnings.
The Court has considered the views of the parties expressed in their oral and written submissions. The Club gave details to the Court of the changes made to its business as a result of its current financial difficulties. In these circumstances the Court accepts that it is not possible to restore the worker's original hours of work as claimed by her.
Therefore, the Court accepts that her position within the club is redundant and in all the circumstances of this case the Court recommends that in addition to the statutory redundancy payment, the Club should pay the worker a sum equivalent to the rebate applicable to her redundancy payment.
The Court so recommends.
Signed on behalf of the Labour Court
21st February, 2007______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.