FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MOYLAND ENTERPRISES LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Alleged non-payment of money due to a worker.
BACKGROUND:
2. The dispute concerns one worker who was recruited by the Company, with the assistance of FAS, as a builder's labourer/concrete layer, from the 1st of July, 1993 to the 7th of October, 1993.
The Union claims that the worker was consistently underpaid and that the Company reneged on the commitment given under the terms of the FAS arrangement. The Company claims that the worker was paid a rate that was agreed between the parties when he started. The dispute was referred to the Labour Court, on the 28th of May, 1996, in accordance with Section 20(1) of the Industrial Relations Act 1969. The Court investigated the dispute on the 22nd of July, 1996.
UNION'S ARGUMENTS:
3. 1. The worker was recruited through FAS specifically on the basis that he would be paid union rates of pay, plus all related allowances. The underpayment amounts to £900 approximately (details supplied to the Court).
2. The laid down rates of pay in the construction industry, agreed between the trade unions and the employer organisations, should not be ignored by any employer. In this case, the employer exploited the worker by the mechanism of underpayment.
COMPANY'S ARGUMENTS:
1. The terms of employment and details of pay were fully explained to the worker at the time of his employment.
2. The Company does not exploit or manipulate its employees. The worker in question was employed on a trial basis, which unfortunately, did not work out.
RECOMMENDATION:
The Court is of the view that there is merit in the claimant's case for payment of outstanding monies.
However, taking into account all the issues involved, the Court recommends that the parties meet to try to reach agreement on this issue, before the Court issues a recommendation.
In the event of the parties failing to reach agreement within 1 month, the Court will make a recommendation.
Signed on behalf of the Labour Court
Finbarr Flood
31st July, 1996______________________
M.K./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.