INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
THE ALZHEIMER SOCEITY OF IRELAND
- AND -
(REPRESENTED BY IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION)
Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. An enhanced redundancy package.
2. The case concerns a claim by four Workers for an ex-gratia redundancy payment of four weeks per year of service.
On the 18th June 2014, the Workers referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 5th August 2014. The Employer did not attend the hearing.
3. 1. In May 2014 the four Workers were issued with a notice of redundancy and were only offered statutory terms.
2. As the Workers were made compulsorily redundant and were not offered any viable alternatives, they are seeking an enhanced redundancy package in excess of the Public Services Agreement of two weeks statutory and no more than four weeks ex-gratia payment per year of service.
3. The Alzheimer’s Society of Ireland has shown a total disregard to its staff by refusing to engage with the Union to what has been an extremely difficult and emotional time for the Workers.
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns a claim by the Union on behalf of four workers made redundant in May 2014 for an ex-gratia redundancy payment of 4 weeks’ pay per year of service, in excess of the statutory redundancy payment already paid.
The Employer did not attend the hearing before the Court. The organisation is a not-for-profit organisation, substantially funded by the HSE.
Having carefully considered the Union’s submission, the Court recommends that in line with the provisions of the enhanced redundancy payments for public servants under the Public Service Agreement 2010 – 2014, these workers should receive an ex-gratia payment of 3 weeks’ pay per year of service, in excess of the statutory redundancy payment already paid, subject to the total statutory redundancy and ex-gratia payment not exceeding either 2 years’ pay or one half of the salary payable to preserved pension age, whichever is less.
The Court so recommends.
Signed on behalf of the Labour Court
13th August, 2014Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.