SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
TIM HASTINGS LTD
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Marie
Worker Member: Ms Tanham
1. Redundancy Selection And Terms.
2. This dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 4 November 2016 and a Labour Court Recommendation No: LCR21331 subsequently issued to the parties.
In LCR 21331 the Court made a recommendation concerning the Union’s claims regarding (i) selection of employees for redundancy and (ii) a claim for an ex-gratia redundancy payment. At the hearing before the Court the Company outlined to the Court it financial difficulties. The Court recommended thatthe Company should provide for an examination of its financial positon by the Union’s financial expert to examine the position in light of the claims before the Court. The Court had recommended that:-
- “on completion of this exercise, both parties should report back to the Court on any progress made. At which time the Court will issue a final Recommendation on the Union’s claims before it.”
That process has been completed. The Court has been furnished with the Union’s report and with responding comments from the Company. Furthermore the Union has furnished a copy of a recent advertisement for a full time permanent “Motor Parts Advisor” with the Company. Yet the Company made the Parts Manager redundant in August 2016. He had 25 years’ service. In these circumstances as the Court has not been given any information to the contrary, the Court cannot accept that a genuine redundancy exists in that position. The Claimant involved should be given the choice of accepting the advertised position at his pre redundancy terms and conditions or of accepting an ex-gratia redundancy payment.
Having considered the information furnished to the Court, and given the length of service of the Claimants involved, it now recommends that for those positions which have been genuinely made redundant the staff affected should be paid an ex-gratia redundancy payment of 2 week’s per year of service, in addition to the statutory redundancy.
The Court so recommends.
Signed on behalf of the Labour Court
20 December 2016______________________
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.