INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
- AND -
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. Appeal Of Rights Commissioner's Recommendation r-121723-ir-12/GC.
2. This dispute arose from the Employer's decision to transfer the Worker to another Division of the Union. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 16th November, 2012 the Rights Commissioner issued the following Recommendation:-
- "I recommend that [the Worker] should be offered the voluntary exit package ... [and] that the Union offer the [Worker] an additional sum of €10,000."
On the 20th December, 2012 the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 16th July, 2013.
3. 1. The Workers has given over 30 years of loyal and dedicated service to the Union.
2.The Union has treated the Worker in a manner it would not allow any of its Members be treated.
3.The Union's unilateral action has caused the Worker considerable mental and emotional distress.
4. 1.The decision to transfer the Worker was taken in response to a real and pressing organisational requirement.
2.It would not be appropriate to compensate the Worker for failing to comply with a legitimate instruction.
3.The Worker does not have an entitlement to the voluntary exit package.
The Court does not believe that the employer in this case acted unreasonably in requiring the employee to undertake new duties in the circumstances prevailing at the material time.
The Court notes that what is now in issue between the parties is the possibility of an exit package being available to the Claimant and the terms of such a package. It is further noted that the employer is prepared to make a financial offer which would be limited to the monetary amount that the Claimant could expect to receive up to her normal retirement date. The Court believes that such an offer would be reasonable in all the circumstances and should dispose of all issues between the parties.
It is the decision of the Court that the parties enter into further discussions with a view to reaching an agreement along the lines set out above.
The recommendation of the Rights Commissioner is varied in accordance with the terms of this Decision.
Signed on behalf of the Labour Court
27th August, 2013______________________
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.