INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
OFFALY COUNTY COUNCIL
(REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr McCarthy
1. Enhanced redundancy terms and re-deployment opportunities for two workers.
This dispute concerns the redundancy terms on offer to four of the Job Initiative (JI) scheme staff employed by Offaly County Council and the redeployment of the remaining two workers on the Scheme. This 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 was referred to the Labour Court on the7th January, 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the21st April, 2015.
3. 1.SIPTU argues that Offaly County Council made a decision not to apply to the relevant Government Agency to renew the JI Scheme without consulting the Union despite the fact that these JI Scheme workers were given a Ministerial Guarantee in November 2004 that they would have the option to continue on the JI Scheme until the age of 65.
2. The work is still available and will continue into the future so this does not amount to a genuine redundancy.
4. 1. Offaly County Council made a decision to terminate the JI Scheme based on the total withdrawal of Department of Social Protection (DSP) funding and says it had no other option.
2. The DSP, which is responsible for the Scheme, has advised that only statutory redundancy can be paid in this case.
3. The Employer disputes that this is not a genuine redundancy.
Having considered the submissions of both parties to the dispute the Court recommends that Offaly County Council change the status of the the two workers concerned to that of direct employee and deploy them as General Operatives, at Management’s discretion, to work appropriate to their grade.
The Court so recommends.
Signed on behalf of the Labour Court
21st May, 2015______________________
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.