INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
COUNTY DUBLIN VEC
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. Enhanced Redundancy.
2. The case before the Court concerns a claim by the Union on behalf of its members previously employed as childcare workers in a Government funded cr�che facility located in Lucan, County Dublin. The Claimants commenced employment in 2008 and held fixed-term contracts of employment until 2011, when as a result of reductions in Government funding made available to the Employer, the Claimants were made redundant receiving statutory redundancy entitlements only. It is the Union's contention that the Claimants have been treated in an inequitable manner and is seeking an enhanced redundancy payment to reflect the norm within the education sector. The Employer maintains that it is under the direction of the Department of Education and Skills and is prohibited to pay redundancy terms in excess of statutory entitlements. It cannot therefore concede to the Union's claim for an enhanced redundancy package.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 28th May 2011, in accordance with Section 26(1) of the Industrial Relations Act 1990. A Labour Court hearing took place on the 10th November 2011.
3. 1. The Claimants were willing to accept alternative proposals other than redundancy.
2. There are a number of comparable precedent cases within the sector where enhanced redundancy packages have been offered. It is the Union's claim that the Claimants should receive an enhanced redundancy payment in line with this practice.
4. 1. The Claimants were made redundant as a result of cost-saving measures imposed on the Employer.
2.The Employer is under the direction of the Department of Education and Skills and cannot sanction the payment of redundancy terms in excess of statutory entitlements.
The Court is aware that permanent employees employed elsewhere in the Public Sector have received enhanced redundancy terms as part of a voluntary severance scheme. There is no justification for treating fixed-term employees less favourably.
In all the circumstances of this case the Court recommends that the Claimants be paid six weeks' pay per year of service inclusive of statutory terms.
Signed on behalf of the Labour Court
15th November 2011______________________
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.