FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : MARBLE AND GRANITE SUPPLIES LIMITED- - AND - IRISH NATIONAL PAINTERS & DECORATORS TRADE GROUP DIVISION : Chairman: Mr McGee Employer Member: Mr Carberry Worker Member: Ms Ni Mhurchu |
1. Alleged breach of Construction Industry Registered Employment Agreement on Pensions, Assurance And Sick Pay.
BACKGROUND:
2. Marble and Granite Suppliers Limited was established in 1978. The main activities of the business are the wholesale of fireplaces, fire place products, stone and tiles to fireplace contractors, kitchen companies and other companies involved in the manufacture of stone products. There are 35 employees ie. warehouse staff, warehouse supervisor, dispatch person, fitters/fixers, drivers. clerical administrative and management staff.
The Union alleges the Company is in breach of the Construction Industry Registered Employment Agreement as it has not registered it's employees in the Construction Federations Pensions Assurance and Sick Pay Scheme and is liable to do so by virtue of the nature of it's business i.e that it operates on building sites. On the 12th February, 2004 the Union referred a complaint to the Labour Court under Section 32 of the Industrial Relations Act, 1946. A Court hearing was held on the 15th September, 2004.
DECISION:
The Court, having considered the submissions of the parties, finds that the Company is not a building firm within the meaning of the first schedule to the Construction Industry Registered Agreement and that therefore no breach of the Registered Agreement has occurred.
Signed on behalf of the Labour Court
Raymond McGee
4th October, 2004______________________
MG/JBDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.