INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
M. AND J. GLEESON AND COMPANY LIMITED
(REPRESENTED BY EVERSHEDS)
- AND -
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES)
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Mr Shanahan
2. The case before the Court concerns the Worker's claim for an enhanced redundancy payment. The Worker was employed with the Company since 1978 and was made redundant in March 2015, receiving statutory entitlements only. On the 2nd October, 2015 the Worker 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 27th November, 2015.
The Worker agreed to be bound by the Court’s Recommendation.
3. 1. The Worker was made redundant and received statutory entitlements only.
2. The Worker contends that there is a precedence of enhanced redundancy payments and bonuses previously paid by the Company.
3. The Worker is seeking an enhanced redundancy payment in line with previous packages funded by the Company.
4. 1. The Employer maintains that the Worker has a contractual right to statutory redundancy entitlements only.
2. The Employer asserts that enhanced redundancy packages have been previously paid by the Company however these were based on the merits of the individual circumstances at the time.
3. The Employer contends that any changes to its redundancy terms may potentially effect the future viability of the business.
Having given careful consideration to the submissions of both parties the Court finds merit in the Worker's claim and recommends that the Company, in line with arrangements that it recently applied elsewhere in the operation, pay the Claimant a severance payment of 3.5 weeks' pay per year of service inclusive of the statutory redundancy payment to which he is entitled.
The Court so recommends.
Signed on behalf of the Labour Court
15th December 2015______________________
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.