INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Suitability of alternative work/enhanced redundancy package.
2. The case concerns a dispute between the Company and Union in relation to the Company's Welding Department. The Union is seeking an enhanced redundancy in circumstances where there is no suitable alternative employment within the Company. The Company's position is there is suitable alternative employment available for the workers but that the Union is suggesting the redundancies are compulsory and, therefore, should be enhanced.
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 as referred to the Labour Court on the 21st March 2012, in accordance with Section 26(1) of the Industrial Relations Act
A Labour Court hearing took place on the 17th October 2012.
3. 1. There is suitable alternative employment in the Company available for staff of the Welding department. Many staff have moved within the Company and have retained their terms and conditions on a red-circled basis.
2. The Union is seeking an enhanced redundancy on the basis that it claims there is no option for suitable redeployment. The Company does not accept this argument. The Union is simply seeking to claim the redundancy as compulsory and seeking an enhanced payment.
4. 1. The Union is not seeking redundancies per say, except in circumstances where there is no suitable alternative redeployment. These workers wishing to remain in employment as is evident by thefact that they have not taken previous voluntary redundancy packages.
2. If is the case that there is no suitable redeployment, effectively there isno other option than to implement compulsory redundancy and in those circumstances the compulsory redundancy should be enhanced.
The issue before the Court concerns the Union’s claim regarding the suitability of alternative work in the event of further redundancies within the welding department and a claim for an enhanced redundancy package in the event that they do not accept alternative employment and accordingly must accept redundancy.
The Court also notes that there are no redundancies contemplated at present and none envisaged. In any event the Company have made it clear that in the event of redundancies arising it will provide alternative employment with red-circled rates of pay for those affected. Furthermore it is currently offering a redundancy package negotiated and agreed between the parties in November 2008.
In such circumstances the Court is not in a position to make a recommendation on the Union’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
19th November, 2012.______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.