INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
BEST SCHOOL COMPLETION PROJECT
- AND -
(REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION)
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
1. Enhanced Redundancy Package
2. This case concerns a dispute between the Best School Completion Project (Ballymun) and IMPACT in relation to an enhanced redundancy package for one of its staff members. The Union is seeking that the redundancy package be enhanced to six weeks pay per year of service inclusive of statutory entitlement.
Management's position is that the worker was paid her statutory entitlements but a lack of funding from the Department of Education and Science has meant it was unable to enhance the redundancy package beyond those terms.
On the 14th May 2010, the worker referred her complaint 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 5th August, 2010.
3 1 The worker was made redundant and was offered statutory entitlements only. This is out of line with redundancies in the Education sector generally.
2 The Union's claim for an enhanced redundancy package of six weeks pay per year of service inclusive of statutory entitlements is in line with other redundancies in the sector and is fair and reasonable in all the circumstances.
4 1 Management is unable to sustain the costs of the additional redundancy package sought as itcannot provide funding from its own resources and is unable to obtain the additional funding from the Department of Education and Science.
Having considered the submission of the parties the Court recommends that the Claimant be paid a redundancy lump sum equal to six weeks pay per year of service, inclusive of statutory terms.
The Court is conscious that this recommendation can only be implemented if the employer is put in funds by its funding agency. The Court further recommends that parties jointly approach the funding department seeking the resources to give effect to this Recommendation.
Signed on behalf of the Labour Court
6th August 2010______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.