FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PICKERINGS LIFTS LIMITED - AND - 14 INDIVIDUALS (REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Redundancy selection procedure and terms.
BACKGROUND:
2. Pickerings Lifts Ltd, formerly part of a multinational group of the same name, is now a wholly-owned Irish company following a management buy-out in 2008. Unlike other Companies in the Lift Industry, it has not signed up to the current Industry Agreement now in place. In November 2009 the Company informed the Union of its intention to close its Installation Department leading to the loss of 3 Lift Engineer positions.
The issue of an acceptable redundancy package was discussed and as no agreement was reached at local level the matter was referred to the Labour Relations Commission. Agreement was not reached at the Conciliation Conference because the Company rejected proposals for an enhanced redundancy package as suggested by the Union. Due to the current industrial dispute, up to 200 families are suffering hardship at the Ballymun Flats complex.
On the 23rd March, 2010 the Union referred 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 31st March, 2010. The Company did not attend the hearing.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. Every Lift Company has experienced redundancies over the past eighteen months due to the collapse of the construction sector. There have been three separate cases before the Labour Court in that time and the Court has been consistent in its Recommendations.
2. These Recommendations have become the Lift Industry standard and are accepted by both Employees and Employers alike.
3. The Union requests a similar Recommendation along the lines of previous Recommendations made in relation to the Lift Industry.
RECOMMENDATION:
The Court regrets that the Employer decided not to attend the hearing of the case nor to make a submission on the issues in dispute. The Court notes that the case was submitted under Section 20(1) of the Industrial Relations Act 1969 and the Recommendation is binding on the Union.
Having carefully considered the evidence presented to it, the Court recommends that the dispute be settled on the following terms: -
- That the Company offers: -
•Statutory redundancy entitlements in accordance with the terms of the Redundancy Payments Acts 1967 to 2007.
•In the first instance the company should seek volunteers for redundancy from amongst the workforce.
•In the event that additional compulsory redundancies are necessary these should be selected on a last in / first out basis.
The Court is conscious that this dispute is causing severe hardship to many people and urges the parties to engage constructively and with some urgency to bring about an early settlement.
Signed on behalf of the Labour Court
Brendan Hayes
7th April, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.