FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CASTLE T FURNITURE LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY AMICUS) DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Payment of outstanding wages.
BACKGROUND:
2. The Company is involved in the office furniture business and the worker has been employed as a welder with the Company since 1983. He fabricates frames for the business, a technically responsible position in the production chain. Prior to 1998, the worker made his wage claims on his employer but there have been no wage increases since then. The matter was raised with the Company in 2003 but the Company failed to respond. The dispute before the Court concerns a claim by the Union on behalf of it's member as follows:
(a) The workers hourly rate of pay to be brought in line with the Construction Industry Federation Minimum Craft Rate of €16.44.
(b) The workers access to Union representation and normal Industrial Relations with the Company.
- On the 15th October, 2004, the Unionreferred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th March,2005. The Company did not attend the Labour Court hearing.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:3. 1. The workers rate in 1996 was €8.97 per hour, which is a very low rate for a welder with 13 years service. This was raised to €14.06 per hour in January 2005, a rate which is still significantly behind the lowest CIF Craft Rate of €16.44.
2. Normal Industrial Relation process be given by the Company to the worker and his Union for any issues that may arise.
RECOMMENDATION:
The Court regrets the employers failure to attend the hearing or to otherwise respond to the Union's claim.
On the information before it, the Court is fully satisfied that the claim for a pay increase is justified. The Court also fully accepts that the Unions should be afforded the normal facilities to represent its members in matters of difference with the employer.
The Court recommends as follows:
1. The Claimants rate of pay should be increased to €16.44 with effect of the date of the recommendation.
2. A sum of €1,000 should be paid in respect of retrospection.
3. Further increases should be in line with National Wage agreements.
4. A procedural agreement providing for normal Trade Union facilities should be concluded between the parties and implemented.
Signed on behalf of the Labour Court
Kevin Duffy
6th April 2005______________________
JO'CChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.