FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PEOPLE SOLUTIONS RECRUITMENT - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Construction of Sick Pay & Pension Scheme.
BACKGROUND:
2. People Solutions Recruitment is an Employment Agency supplying workers to Kildare County Council who work in an Environmental/Recycling plant. The Company is based in Dunshaughlin, Co. Meath. The Union claim that the Company should introduce a Pension and Sick Pay Scheme pursuant to the investigation and a recommendation for the refusal of People Solutions Recruitment to adhere to the terms of the Craft Workers 1997 Analogue Agreement.
- The Union claims that despite the efforts of the Labour Relations Commission and the Union, the Company refused to attend a Conciliation Conference on the claim
The Union referred the claim to the Labour Court on the 18th May, 2005 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 14th September, 2005.
UNION'S ARGUMENTS:
3.1 The workers are working side by side with Kildare County Council workers with totally different conditions.
- Almost €2.00 per hour less
- No Pension
- No Sick pay
2. The case of People SolutionsRecruitment was referred to the Labour Relations in July 2004, but despite several reminders they refused to attend the labour Relations Commission.
COMPANY'S ARGUMENTS:
4.1 The Company are contracted by Kildare County Council to carry out works at their plant in Athy, are sub contractors.
2. Operatives working in the site are employed by People SolutionsRecruitment and subject to the policies and contract of employment of People Solutions Recruitment.
3. People SolutionsRecruitment has spoken to the Union and explained Kildare County Council's view in this matter.
4. People SolutionsRecruitment is licenced by the Department of Enterprise, Trade and Employment and are subject to audit by the Department and comply with the industry's regulations.
5. People SolutionsRecruitment are willing to attend a conciliation conference in order to reach settlement in the above dispute.
RECOMMENDATION:
The Court notes that the employer is now willing to address the Union's claims at conciliation. The Court recommends that the parties should now seek the assistance of the Labour Relations Commission in arranging conciliation on the totality of the issue in dispute.
Signed on behalf of the Labour Court
Kevin Duffy
19th_September 2005______________________
JBChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.