FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DDH MANUFACTURING LIMITED - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Claim on behalf of a worker for payments due under the Programme for Prosperity and Fairness (PPF).
BACKGROUND:
2. The dispute concerns a worker who was employed by the Company as a mechanical fitter from 9th August, 2001 to 20th March, 2003. The Union claims that the Company did not pay the worker the increases due to him under the terms of the PPF for the period 1st July, 2002 to 20th March, 2003. On the 26th March, 2003 the Union referred a complaint to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Court hearing was held on the 10th September, 2003. The Company declined an invitation to attend the hearing.
UNION'S ARGUMENTS:
3. 1. Prior to the claimant's dismissal in March, 2003 the Company did not apply the increases due to him under the PPF as applied in the Construction Industry and agreed with the CIF of which the Company is a member.
2. The Union understands that 15 other workers who left the employment received their full entitlements under the PPF.
3. The claimant's hourly rate at the termination of his employment was €14.33. The appropriate CIF rate was €14.90. The worker is entitled to 8 months retrospection based on .57 cents per hour by approximately 45 hours per week.
RECOMMENDATION:
The Union submitted a written submission on behalf of the claimant. The employer did not attend the hearing and did not submit a written statement to the Court; therefore the Court accepts as fact the figures submitted by the claimant. Having considered the Union's position the Court recommends that the claimant should be paid the sum of
€1000 for all outstanding payments due to him.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd September, 2003______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.