Labour Court Database __________________________________________________________________________________ File Number: CD93429 Case Number: LCR14184 Section / Act: S26(1) Parties: M.T. DUNNE & SONS T/A VIKING ELECTRIC - and - ELECTRICAL CONTRACTING NATIONAL JOINT INDUSTRIAL COUNCIL |
Alleged breach of agreement.
Recommendation:
5. From the evidence presented at the hearing the Court is
satisfied that the claimant is due payment of #269.20 in respect
of Travelling Time, Tool allowance, meal allowance and busfares as
agreed between the employer and the Union on 25th August, 1992.
The Court is also satisfied that the claimant is due payment @ 7p
per hour for all hours worked during his employment and is due the
overtime premium for all overtime hours worked.
The Court therefore recommends that the employer make these
payment to the claimant without further delay.
Division: Mr Heffernan Mr McHenry
Text of Document__________________________________________________________________
(ECNJIC
Worker: Mr. Walsh
Body:
CD93429 RECOMMENDATION NO. LCR14184
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1)
INDUSTRIAL RELATIONS ACT, 1990
PARTIES: M.T. DUNNE & SONS T/A VIKING ELECTRIC
Represented by The Association of Electrical Contractors Ireland
(AECI)
and
ELECTRICAL CONTRACTING NATIONAL JOINT INDUSTRIAL COUNCIL (ECNJIC)
SUBJECT:
1. Alleged breach of agreement.
BACKGROUND:
2. The worker concerned was employed by the Company in the period
5th November, 1991 to 2nd December, 1991. On 16th December, 1991,
the Technical Engineering and Electrical Union (formerly E.T.U.)
wrote to the Company regarding non-compliance with the
E.C.N.J.I.C. Working Rule Agreement in relation to the worker
concerned. This letter was followed by correspondence from the
A.E.C.I. of which the Company is a member.
On 25th August, 1992, a meeting took place between the Company and
the Union at which agreement was reached on monies owed to the
worker (Details supplied to the Court). The Company failed to
honour the agreement and the dispute was referred to the
E.C.N.J.I.C. At its meeting held in March, 1993, the E.C.N.J.I.C.
considered the dispute and it was agreed to refer the matter to
the Labour Court under Section 26(1) of the Industrial Relations
Act, 1990. The Labour Court hearing took place on 23rd August,
1993.
COUNCIL'S ARGUMENTS:
3. 1. The company entered into an agreement to settle
outstanding payments due under a number of headings but
reneged on this agreement.
COMPANY'S ARGUMENTS:
4. 1. The AECI on behalf of the Company submitted a cheque
for #269.20 which the Company understood to be in full and
final settlement of the outstanding monies due.
RECOMMENDATION:
5. From the evidence presented at the hearing the Court is
satisfied that the claimant is due payment of #269.20 in respect
of Travelling Time, Tool allowance, meal allowance and busfares as
agreed between the employer and the Union on 25th August, 1992.
The Court is also satisfied that the claimant is due payment @ 7p
per hour for all hours worked during his employment and is due the
overtime premium for all overtime hours worked.
The Court therefore recommends that the employer make these
payment to the claimant without further delay.
~
Signed on behalf of the Labour Court
Kevin Heffernan
1st September, 1993 ----------------
F.B./U.S. Chairman
NOTE
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR FRAN BRENNAN, COURT SECRETARY.