FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : RANDRIDGE SERVICES LIMITED - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Alleged breach of the Electrical Contracting Industry REA on Pensions, Assurance and Sick Pay
BACKGROUND:
2. A Labour Court hearing took place on the 16th of November, 2004.
ORDER:
On the 5th February, 2004, the Technical Electrical and Engineering Trade Union (the complainant) complained to the Court that Randridge Services Limited (the respondent) failed to pay Mr Paul O' Reilly (the claimant), a member of the said Union, sick pay in accordance with the Registered Employment Agreement for the Electrical Contracting Agreement (hereafter the REA). The claim is for a total of €1,880.10 being made up of €1,504.50 in respect of a period from 31st January, 2003, to 26th May, 2003, and €375.60 from 26th January, 2004, to 16th February, 2004, during which the claimant was absent from work on certified sick leave. The Union contends that the failure of the employer to pay the sick pay as aforesaid constitutes a breach of Rule 22 of the REA.
The Employer was advised by registered post of the time and date of the hearing of this complaint but failed to attend at the hearing.
Having heard the submissions of the complainant, the Court is satisfied that the respondent is an employer to whom the REA relates and that the claimant is a worker to which the said REA relates. The Court is further satisfied that the respondent failed or neglected to pay the claimant sick pay in accordance with the REA and that the complaint in that behalf is well founded.
Pursuant to its powers under Section 32(1)(b) of the Industrial Relations Act, 1946, the Court orders that, in accordance with Rule 22 of the REA, the respondent is required to pay the claimant sick pay in the amount of €1,880.10.
Signed on behalf of the Labour Court
Kevin Duffy
21st December, 2004______________________
CON/MB.Chairman
NOTE
Enquiries concerning this Order should be addressed to Ciaran O'Neill, Court Secretary.