FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BRIAN KELLY ELECTRICAL (REPRESENTED BY DONAL TAAFFE & CO. SOLICITORS) - AND - A WORKER (REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR20118/04/GF.
BACKGROUND:
2. The dispute concerns a claim by the Union for the payment of allowances provided for by the Registered Agreement for the Electrical Industry, in respect of one worker. The Employer informed the Union that if he paid the allowances he and all his employees would be out of business.
- The matter was referred to a Rights Commissioner for investigation and recommendation. On the 1st Mach, 2005, the Rights Commissioner issued his recommendation as follows:
“The issue is stark. However, I feel I have no alternative other than to find in favour of the Union and to honour the registered agreement. I require the employer to pay the claimant the outstanding amount of €9461.00”.- On the 11th April, 2005 the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969 on the grounds “not in agreement”. A Labour Court hearing took place on the 5th July, 2005.
UNION'S ARGUMENTS:
3.1 The Company is a registered Electrical Contracting Company and is covered by the Registered Employment Agreement.
2. The rates of pay are agreed nationally on a yearly basis between the AECI , the ECA and TEEU and implemented on April 1st each year.
3. All Electrical Contractors are bound by the rates of pay and conditions of employment.
COMPANY'S ARGUMENTS:
4.1 The Company Solicitors informed the Court, if the worker's claim was successful it would have grave consequences for the Company and the other workers as the Company may have to close down.
2. The Solicitor made reference that the worker was not available (he is in Australia) to give evidence.
3. He also mentioned that the worker was paid meal allowance of €30 each week and this should be deducted from the overall claim.
DECISION:
Having considered the submissions of the parties to this appeal the Court concurs with the conclusions reached by the Rights Commissioner concerning the applicability of the Registered Employment Agreement for the Electrical Contracting Industry to the claimant. In these circumstances the Court is satisfied that the Union's claim is well founded and should be conceded.
Accordingly the Rights Commissioner's recommendation is upheld and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
11th July, 2005______________________
JBChairman
NOTE
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.