FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 57(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : JEROME MCCONVILLE T/A DIRTBLASTERS - AND - EVITA PAULAUSKA (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Determination as to whether Evita Paulauska is covered by the Cleaning Industry Employment Regulation Order (ERO).
BACKGROUND:
2. The Claimant worked as a cleaner with the Company which is based in North County Dublin, from October 2006 until March 2007. She is seeking a declaration from the Labour Court that she is entitled to the terms and conditions of employment as per the relevant Employment Regulation Order.
The Worker referred her case to the Labour Court on the 21st April 2010, in accordance with Section 57(1) of the Industrial Relations Act, 1946.
A Labour Court hearing took place on the 29th July, 2010. The Respondent or his Representative did not attend nor make contact with the Court despite being informed of the date, time and venue of the hearing.
DECISION:
This is an application by Evita Paulauska for the Decision of the Court as to whether the Employment Regulation Order made by the Contract Cleaning (Dublin City and County) (the ERO) operates as respect to the Claimant and her Employer, Jerome McConville, trading as Dirtblaster.
The Respondent was advised of the date time and place at which the Court would sit to hear this application but failed to attend the hearing personally or be represented.
The Court was told that the Claimant was employed by the Respondent in the cleaning of offices and other commercial buildings.
On the uncontested submissions made on behalf of the Claimant the Court is satisfied that the ERO operates as respect the Claimant herein
Signed on behalf of the Labour Court
Kevin Duffy
4th August, 2010______________________
JFChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.