FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ELECTRICAL CONTRACTORS SAFETY & STANDARD ASSOCIATION LTD (REPRESENTED BY LIAM F. COGHLAN & COMPANY SOLICITORS) - AND - A WORKER (REPRESENTED BY BRUCE ST. JOHN BLAKE & CO SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Payment in full & parity with RECI Inspectors.
BACKGROUND:
2. The worker claims that the Company failed to pay the full amount of the National Agreement, Programme for Prosperity and Fairness (PPF).
As the dispute could not be resolved at local level the worker referred his claim to the Labour Court on the 8th August, 2003 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 5th October, 2004.
UNION'S ARGUMENTS:
3. 1.The rates of increase were not in line with PPF, one increase in 15 months.
COMPANY'S ARGUMENTS:
4. 1. The Company claimed that wage increases were discussed every year with the workers.
2. When increases were asked for, in most cases, above the rate asked for was awarded.
3. No mention was ever made during discussions of PPF.
RECOMMENDATION:
The issue before the Court in this Section 20(1) referral relates to the non-application to the claimant of the terms of the pay agreement associated with the Programme for Prosperity and Fairness (PPF).
It is clear that the claimant entered into an arrangement with the employer whereby his rate of pay was determined other than by reference to national agreements. In these circumstances the PPF has no relevance in relation to him. Accordingly, the Court does not recommend concession of his claim.
Signed on behalf of the Labour Court
Kevin Duffy
11th October, 2004______________________
JB/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.