Labour Court Database __________________________________________________________________________________ File Number: CD86549 Case Number: REA873 Section / Act: S10 Parties: MR. TIMOTHY WEADICH - and - CIF |
BREACH OF THE CONSTRUCTION INDUSTRY REA ON PENSIONS ASSURANCE AND SICK PAY
Recommendation:
Division: Mr Fitzgerald Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD86549 AN CHUIRT OIBREACHAIS REA3/87
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
In the matter of a complaint under Section 10 of the Industrial
Relations Act, 1969, by:-
The Construction Industry Federation
Federation House
Canal Road
Rathmines - Complainant
Dublin 6
against
Timothy Weadick
3 South Quay
Arklow - Respondent
Co Wicklow
On 7th March, 1969, an Employment Agreement, dated 1st January,
1968, and made between the Construction Industry Federation
(formerly the Federation of Builders, Contractors and Allied
Employers of Ireland) of the one part and the Amalgamated Society
of Woodworkers and others of the other part, was registered in the
Register of Employment Agreements.
The said Employment Agreement was varied for the twelfth time by
the Registered Employment Agreement (Construction Industry
Pensions, Assurance and Sick Pay) Variation Order, 1985, with
effect as from 14th January, 1985.
The Construction Industry Federation has complained to the Labour
Court (hereinafter called "the Court") that Timothy Weadick being
an employer affected by the said Employment Agreement as varied
has failed or neglected to comply with the said Employment
Agreement as varied by failing or neglecting to become and remain
party to a contributory scheme the main purpose of which is the
provision of pension and mortality benefits not less favourable
than those set out in the second schedule to the said Employment
Agreement as varied for any workers in his employment to whom the
said Employment Agreement applies (hereinafter referred to as "the
Pension Scheme") and by failing or neglecting to operate a sick
pay scheme for the said workers on conditions not less favourable
than those set out in the third schedule to the said Employment
Agreement (hereinafter referred to as "the Sick Pay Scheme").
The Court, having considered the complaint and having heard all
persons appearing to the Court to be interested and desiring to be
heard, is satisfied that the said Timothy Weadick is an employer
affected by the said Employment Agreement as varied, and has
failed to comply with the conditions set out in paragraphs 3 and 4
of the said Employment Agreement as varied, in that he was not
contributing to a Pension Scheme and he was not contributing to
a Sick Pay Scheme, and that the complaint is well founded.
The Court, by virtue of the powers conferred upon it by Section
10(1)(b) of the Industrial Relations Act, 1969, hereby directs the
said Timothy Weadick to become forthwith and remain party to a
pension scheme the main purpose of which is the provision of
pension and mortality benefits not less favourable than those set
out in the second schedule to the said Employment Agreement as
varied and to operate forthwith a sick pay scheme on conditions
not less favourable than those set out in the third schedule to
the said Employment Agreement as varied.
The Court further directs the said Timothy Weadick to pay arrears
of contributions to an insurance scheme in respect of its
employees Michael Butler and Patrick O'Connell and its former
employees J Kavanagh and Nicholas Furlong as will effect pension
and mortality benefit cover for those employees and former
employees for all periods of their employment with the said
Timothy Weadick.
The Court further directs the said Timothy Weadick to pay arrears
of contributions in respect of its said employees Michael Butler
and Patrick O'Connell to a sick pay scheme for 13 weeks prior to
the date of this order so as to effect sick pay benefit cover for
those employees.
Given under the Official Seal of the
Labour Court this 3rd day of March,
1987.
(Signed) John M Horgan
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Chairman