SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
BAUSCH & LOMB
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION)
Chairman: Mr Haugh
Employer Member: Ms Doyle
Worker Member: Ms O'Donnell
2. This dispute concerns the Worker's redundancy claim. The Union referred this case to the Labour Court on 26th July, 2016, 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 25th October, 2016. The Employer did not attend attend the Hearing.
3. 1. The Worker has already been deemed entitled to a statutory Redundancy Payment, he is also entitled to the enhanced redundancy terms as per the Company/Union Agreement.
The Worker successfully completed an apprenticeship with the Company in or around September 2013. Thereafter, he was offered and accepted a fixed-term contract as a qualified craftsperson with the Company. This expired on 20 December 2013. Thereafter, the Worker sought and was refused a redundancy payment in line with the Company’s standard terms i.e. 4 weeks’ pay per year of service plus statutory redundancy.
The Worker referred a complaint to the Employment Appeals Tribunal under the Redundancy Payments Act 1967 seeking his statutory entitlement. The Tribunal upheld the complaint. The Worker, represented by his Union, is now seeking a recommendation from the Court that the Company should pay him the non-statutory element of the redundancy payment he believes he is due.
The Company did not attend the hearing before the Court.
The Court recommends that the Company pay to the Worker an ex-gratia redundancy payment of 4 weeks’ pay per year of service having regard to the following:
• Date of commencement of period of continuous employment: 9 January 2008;
• Date of Termination: 20 December 2013;
• Gross Weekly Pay: €689.00.
The Court so recommends.
Signed on behalf of the Labour Court
2nd December, 2016______________________
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.