Dáil Éireann Debate, Tuesday - 17 January 2017
1665. Deputy Niamh Smyth asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 257 of 8 December 2016 (details supplied) the reason this part of the recommendations has not been honoured by the company; and if she will make a statement on the matter. [1634/17]
Amharc ar fhreagraThe position is that the Redundancy Payments Acts 1967–2014 provide a minimum entitlement to a redundancy payment for employees who have a set period of service with the employer. This redundancy payment is an individual’s statutory entitlement under employment legislation.
An employer may agree a redundancy payment above the statutory minimum and, in such circumstances, this payment is ex-gratia and comes about through agreement; not through any statutory entitlement.
The Labour Court recommendation at issue here came about as a result of a voluntary industrial relations process entered in to under the Industrial Relations Act 1969, culminating with a Labour Court hearing, which I understand was not attended by the employer side. As previously stated, the Labour Court operates as an industrial relations tribunal and is not a court of law. Recommendations made by the Court concerning the investigation of disputes under the Industrial Relations Acts 1946-2015 are not binding on the parties concerned; however, the parties are expected to give serious consideration to the Court's recommendation.
Ultimately, under the Industrial Relations Acts, responsibility for the settlement of a dispute rests with the parties.
