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2010

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LCR19806

FULL RECOMMENDATION
CD/09/894
RECOMMENDATIONNO.LCR19806
(CCc-073064-09)
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990


PARTIES :
G4S SECURE SOLUTIONS (IRELAND) LIMITED

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION


DIVISION :

Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr Nash
SUBJECT:
1. Redundancy terms.


BACKGROUND:

2. The case concerns a claim for enhanced redundancy terms by full and part-time Cleaning Staff assigned to the RR Donnelly (Banta) Global Turnkey site at Raheen Industrial Estate in Limerick. The first redundancies took place in June 2009 after less than a week's notice was provided by the Customer. Discussions took place between the parties and the Company agreed to revise the selection process but agreement was not
reached on the question of the level of redundancy payments to be awarded.

The 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 the 19th November, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on the 7th April, 2010.


UNION'S ARGUMENTS:

3. 1. Statutory redundancy payments alone are not sufficient given the current economic situation and the difficulty of finding alternative employment.

2. Payment above statutory is not unusual for the industryand the Company has responsibility for its employees who have given good service over the years.

COMPANY'S ARGUMENTS:

4. 1. The Company has done everything that is reasonable to find alternative work available at other customer locations.

2. Thecleaning industry has been severely affected by the economic downturn and any additional payments would put considerable additional pressure on Company revenues and its ability to remain trading.

RECOMMENDATION:

The Court has given careful consideration to the oral and written submissions of both parties to this dispute.

Taking all factors into consideration the Court recommends that the Company pay to the Workers concerned two weeks pay per year of service in addition to their statutory redundancy entitlements in full and final settlement of this dispute.

The Court so recommends.



Signed on behalf of the Labour Court



Brendan Hayes
12th May, 2010______________________
JFDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.



 
 
 
 
 
 
 
 
 

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