Labour Court Database __________________________________________________________________________________ File Number: CD87801 Case Number: REA8725 Section / Act: S10 Parties: MCLOUGHLINS OF TALLAGHT - and - CIF |
ALLEGED BREACH OF THE CONSTRUCTION INDUSTRY REA ON PENSIONS ASSURANCE AND SICK PAY
Recommendation:
Division: Mr Fitzgerald Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87801 AN CHUIRT OBIREACHAIS REA2587
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
Dublin 6 - Complainant
against
Mr. Michael McLoughlin
McLoughlins of Tallaght
31 Redwood Court
Kilnamanagh
Tallaght
Dublin 24 - Respondent
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 fourteenth time
by the Registered Employment Agreement (Construction Industry
Pensions Assurance and Sick Pay) Variation Order, 1987 with effect
from 1st June, 1987.
The Construction Industry Federation, has complained to the Labour
Court (hereinafter called 'the Court') that Michael McLoughlin, of
McLoughlins of Tallaght, 31 Redwood Court, Kilnamanagh, Tallaght,
Dublin 24, being an employer of a class to which the said
Employment Agreement, as varied, (hereinafter called 'the
Agreement'), relates, has failed or neglected to comply with the
Agreement by failing or neglecting to 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 Agreement for any workers in its
employment to whom the Agreement applies 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 Agreement.
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 Michael McLoughlin, of McLoughlins of
Tallaght, 31 Redwood Court, Kilnamanagh, Tallaght, Dublin 24, is
an employer affected by the Agreement, and having joined the
Pension/Sick Pay Schemes of the Construction Industry Federation,
has allowed both employees' and employer's contributions to the
said Schemes to fall into arrears, and had thereby failed to
comply with the conditions set out in Paragraph 3 and 4 of the
Agreement 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 Mr. Michael McLoughlin, of McLoughlins of Tallaght, 31
Redwood Court, Kilnamanagh, Tallaght, Dublin 24, to recommence
forthwith payment of contributions to the Construction Industry
Federation Pensions/Sick Pay Scheme in respect of all persons in
his employment.
The Court reserves its decision on the payment of arrears due to
the said Scheme pending an inspection of the records of the
respondent which it is directing be carried out by the Department
of Labour.
Given under the Official Seal of the
Labour Court on the 10th day of December,
1987.
(Signed) John M. Horgan
Chairman