FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RUANE CONSERVATORIES LIMITED - AND - A WORKER (REPRESENTED BY BUILDING AND ALLIED TRADES UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Pay claim.
BACKGROUND:
2. The worker was employed by the employer as a carpenter from May to October, 2005. The Union claims that the worker is entitled to receive payment for the following:
- Payment for annual leave and public holidays;
- Payment for the agreed hourly rate for a carpenter working in the construction industry;
- P45 document when his employment ended.
The Union requested the assistance of the Rights Commissioners Service in February, 2006 to resolve the matter. However, the Company objected to a hearing being held. The Union then referred the worker's claim to the Labour Court on the 31st May, 2006 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. The Company confirmed by telephone conversation that they would not be attending the Labour Court hearing. A Labour Court hearing took place on the 22nd November, 2006.
UNION'S ARGUMENTS:
3.1 While the worker was employed with Company he was not paid the Registered Employment Agreement rate for the industry. He was entitled to receive the hourly rate of €16.44 per hour. These rates apply to a 39 hour week. He was also entitled to receive overtime rates when he worked overtime.
2. The worker was entitled to payment for annual leave and public holidays which he did not receive during the period of his employment.
3. Since his employment ended the worker has still not received his P45.
RECOMMENDATION:
Having heard the uncontested submission of the Claimant through his Union, the Court, bearing in mind that there appears to be a substantial financial amount at issue, recommends that the employer should (i) engage with the Claimant and his representatives with a view to calculating, agreeing and settling any monies due to the Claimant and (ii) immediately provide the Claimant with his P45, as the employer is legally obliged to do.
Signed on behalf of the Labour Court
Raymond McGee
30th_November, 2006______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.