FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : TDPG LIMITED REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRL LTD) - AND - INP&DTG DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Alleged breach of the Construction Industry Registered Agreement on Pensions, Assurance and Sick Pay.
BACKGROUND:
2. Labour Court hearings were held on the 8th March, 2006 and 6th April, 2006.
DECISION:
This matter came before the Court by way of a complaint by INP&DTG, a branch of SIPTU, that Dublin Paint Group Ltd failed to comply with the terms of the Registered Employment Agreement for the Construction Industry (Pensions Assurance and Sick Pay). The Company claimed that its principal business does not involve activity coming within the scope of the Agreement and in consequence is not encompassed by the Agreement. The Union does not accept that this is the case.
In order to deal with this matter the Court took sworn evidence from a number of former employees of the Company. They each swore that he only activity in which they were engaged while so employed was painting and decorating buildings. They also swore that they were never aware of the Company having engaged in other forms of commercial activity.
The representative of the Company attended the hearing at which this evidence was taken but no member of management attended. No evidence was adduced by or on behalf of the Company to rebut the sworn evidence given by the witnesses for the Complainant or to testify as to the range of contracting activity undertaken by he Company.
Subsequent to the hearing the representative of the Company made a written submission to the Court in relation to the evidence adduced at the hearing. He also submitted other material in support of the claim that the Company's principal business is not construction related.
Having considered all of the evidence and other material submitted in this case the Court accepts that the principal business of the Company is the painting and decoration of buildings and that it is encompassed by the Registered Agreement. It is accepted that the Company has not entered its employees in a pension, assurance and sick pay scheme which complies with the terms of that Agreement. Accordingly the Court must hold that the complaint is well founded.
The Court does not have details of the names and other identifying details of the present and former employees of the Company who are affected by the Agreement. In the absence of this information being voluntarily disclosed to the Complainant, the Court will request that an inspection of the Company's records be undertaken pursuant to Section 12 of the Industrial Relations Act, 1969 for the purpose of obtaining this information.
When the value of the unpaid pension contributions is established the Court will make a further order in this matter,
Signed on behalf of the Labour Court
Kevin Duffy
4th September, 2006
tod______________________
Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.