Dáil Éireann Debate, Tuesday - 24 April 2012
317 Deputy Mary Mitchell O’Connor asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that the Labour Court recommendation LCR20238 in respect of a claim under section 20(1) of the Industrial Relations Act 1969 relating to a company (details supplied) has not been implemented; and if he will make a statement on the matter. [20418/12]
View answer318 Deputy Shane Ross asked the Minister for Jobs, Enterprise and Innovation his position on the upholding of Labour Court recommendations, in relation to a specific case (details supplied); and if he will make a statement on the matter. [20422/12]
View answerI propose to take Questions Nos. 317 and 318 together.
The Deputies' questions concern a dispute between the company and twenty employees in relation to a claim for enhanced redundancy terms of four weeks pay per year of service in addition to statutory redundancy entitlements, following the acquisition of the company and the closure of its Dublin offices in 2011.
The company rejected the workers' claim for enhanced redundancy terms and, following failure to resolve the dispute at local level, the matter was referred to the Labour Court for adjudication, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court recommendation under Section 20(1) is binding on the union, but not on the company.
A Labour Court hearing took place on the 20 January, 2011.
Having considered the position of both sides the Labour Court recommended that the claimants should be paid an ex-gratia redundancy payment equal to four weeks' pay inclusive of the statutory payment already paid.
The Labour Court conducts hearings on trade disputes and issues recommendations setting out its opinion on the dispute and the terms on which it should be settled. The Labour Court is a court of last resort in the industrial relations process, and it is expected that the parties come to the process in good faith and consequently are prepared to give serious consideration to the Court's recommendation.
However, the system of industrial relations in Ireland is essentially voluntary in nature and recommendations of the Labour Court are not legally binding. Neither the Labour Court, nor I, can compel a company to comply with such recommendations. Ultimately, responsibility for the settlement of a trade dispute rests with the parties to the dispute.
I understand that the company has complied with its obligations in respect of statutory redundancy payments and that a total of 35 redundancy rebate claims have been made to the Department of Social Protection in respect of the company concerned.
