SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
COUNTY KILDARE LEADER PARTNERSHIP
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Mr Shanahan
2. This dispute concerns the Union's claim for enhanced redundancy terms. The Union referred this case to the Labour Court on 11th October, 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 14th December, 2016.
3.1. The Union are seeking an ex-gratia redundancy payment of 3 weeks' pay per year of service in excess of the statutory payment in line with Labour Court Recommendations for the Sector where jobs were lost.
2. The Employer has not exhaustively pursued the enhanced redundancy payment for the staff involved from the funder and they should continue to pursue the matter.
4.1. The Company supports the concept of staff getting all enhanced redundancy however it has no funds available to provide for the Unions demand of enhanced redundancy for the members concerned.
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 three Claimants made redundant in September 2015 who are seeking an ex-gratia redundancy payment.
Co Kildare Leader Partnership is a registered company limited by guarantee with charitable status and is wholly funded from Government funds. Its Rural Development Programme is funded by the Department of Arts, Heritage and the Gaeltacht (the Department). The funding for this programme has been reduced from €12.7 million to €5.2 million. This has resulted in the redundancies encompassed by this claim. The Company stated to the Court that it simply does not have the resources to pay the ex-gratia redundancy payments claimed by the Union.
As the Department was not present at the hearing the Court has not had the benefit of its views on the matter.
The Court has carefully considered the position of both parties.
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 redundancy payment of 3 weeks’ pay per year of service, in excess of the statutory redundancy payments already paid or yet to be paid, subject to the total statutory redundancy and ex-gratia redundancy payments not exceeding either 2 years’ pay or one half of the salary payable to preserved pension age, whichever is the lesser.
Taking account of the Company’s financial circumstances, the Court is of the view that the Department should make the necessary funds available to the Company to pay the recommended ex-gratia redundancy payments to the Claimants involved in this claim. The Court recommends that the parties should jointly cooperate in seeking sufficient funding from the Department to enable the Company to implement this Recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
19th December 2016______________________
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.