FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CARLOW COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner Recommendation No; r-090467-ir-10/DI
BACKGROUND:
2. This case concerns an appeal by the worker of Rights Commissioner Recommendation No; r-090467-ir-10/DI. The issue concerns a worker who was employed by Carlow County Council in its Motor Taxation Office to replace a worker that was seconded elsewhere. The Union's position is that the worker was dismissed after five years service even though the secondment for which she was initially employed, continued. Management's position is that the worker's employment ceased at the end of the fixed term contract on which she was employed.
The matter was referred to a Rights Commissioner for investigation. The Rights Commissioner did not find in favour of the workers claim.
On the 15th December 2010, the Union appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 5th January, 2012.
DECISION:
The Court has carefully considered the submissions of both parties in this case.
The Court takes the view that the termination of the Complainant's employment after what in effect amounted to five years effective continuous service amounted to a de facto redundancy. The Court notes that no redundancy payments were made in this case for purported technical reasons.
Accordingly the Court recommends that the Employer pay the applicant the sum she would have received had statutory Redundancy entitlements been applied in respect of her five years service in this case.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
24th February 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.