FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : COUNTY LAOIS VOCATIONAL EDUCATION COMMITTEE (REPRESENTED BY SEAN O'LONGAIN) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Redundancy terms.
BACKGROUND:
2. The Complainant was employed as a temporary Clerical Officer Grade III with County Laois VEC from January 2000 until June 2009 when she became redundant due to the amalgamation of three schools within the VEC. The Union is seeking an enhanced redundancy package while the VEC has indicated that the Department of Education and Skills has informed them that it is not prepared to sanction a redundancy payment in excess of statutory benefits.
On the 3rd June, 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 6th September, 2011.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The Worker lost her job through no fault of her own. Redundancy was caused by loss of post due to the amalgamation of three schools in the VEC.
2. There are four similar cases in the public service where an enhanced redundancy package was awarded.
EMPLOYER'S ARGUMENTS:
4. 1. The position became redundant and the Worker's temporary part-time contract was terminated, as per established practice, on 30th June 2009. The statutory redundancy payment was signed for and accepted by the Worker without any reservation on 21st October, 2009.
2. The four precedent cases cited as relevant by the Union date back to 2007, a time when funding was not an issue.
RECOMMENDATION:
The issue before the Court concerns a claim by the Union on behalf of an Employee for an enhanced redundancy payment.
The Union submitted a number of precedent cases where ex-gratia redundancy payments were paid in similar circumstances and quoted Co Wexford VEC where six weeks' pay per year of service inclusive of statutory redundancy entitlements applied.
Having considered the positions of both parties, the Court recommends that the Claimant should be paid an ex-gratia redundancy payment calculated on the basis of four weeks' pay per year of service in addition to the statutory redundancy payment already paid.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th September, 2011______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.