INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
FCR MEDIA / GOLDEN PAGES
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms O'Donnell
1. Redundancy Terms
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 21 June 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 10 August 2016.
3. 1. The employees have 70 years of loyal service with the company.
2. Previous redundancy programmes offered enhanced redundancy payments.
3. The company will make savings each year as a result of these redundancies.
4. 1. The company had to effect a restructuring due to ongoing losses.
2. The company has posted losses for four of the last six years.
3. The company has liabilities preventing them from obtaining additional finance.
The Court has given careful consideration to the written and oral submissions of the parties. The Court notes the service of the claimants in this case and the fact of the involuntary loss of their employment through redundancy. The Court also notes the stated difficult position of the company and its projected trading position over the coming two years.
This Court’s consideration of this matter has not been assisted by the incapacity of the parties at the hearing to agree the factual position as regards their earlier engagements and in particular as regards the positions put forward therein.
In all of the circumstances the Court recommends that the Company’s offer to make an additional ex-gratia severance payment equivalent to €600 per year of service to each person made redundant should be amended to provide for an additional ex-gratia payment equivalent to €800 per year of service to each person made redundant. This payment should be accepted by the Union in full and final settlement of the matter before the Court.
Signed on behalf of the Labour Court
11 August 2016______________________
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.