FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : JAMES BECK ELECTRICAL CONTRACTOR - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Electrical Contracting Industry Registered Employment Agreement
BACKGROUND:
2. This case concerns a dispute between the Union and the employer in relation to arrears of contributions to the Pension, Mortality and Sick Pay Scheme provided for in the Registered Employmen Agreement (REA) for the Electrical Contracting Industry. The Union's claim is that the employer owes arrears to the scheme prior to the dates he became a member of the scheme. The employer's position is that when joining the scheme he received a letter which stated that he could pay the arrears if he so wished. He claims never to have received an invoice for the arrears and was unaware that he was compelled to pay them.
The dispute was not resolved and the Union submitted a complaint in relation to the alleged breach of the Agreement in accordance with Section 32 of the Industrial Relations Act, 1946. A Labour Court hearing took place on 5th June, 2007.
UNION'S ARGUMENTS:
3 1 The employer has breached the Agreement by not paying arrears to the Pension Mortality and Sick Pay scheme. The REA applies to the sector and all arrears must be paid to ensure the worker receives his entitlements under the scheme if necessary.
EMPLOYER'S ARGUMENTS:
4 1 The employer is fully compliant with the scheme. In relation to the arrears, an option was given by letter dated 18th May 2006 to the employer that he could pay the arrears if he so wished. No invoice was ever received in relation to the paying of the arrears.
DECISION:
As per the Registered Employment Agreement and the worker here concerned having attained the age of 20 years on 5th November 2004, the Company is liable to pay arrears of the pension sick pay and mortality scheme with effect from that date.
The parties should, however, meet in order to establish a mutually agreeable means of paying the amount due.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
3rd July 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.