FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : GREGORY GEOGHEGAN T/A TAPS - AND - A WORKER (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Interpretation of an REA
BACKGROUND:
2. An application was made on behalf of the Worker under the provisions of Section 33 (1) of the Industrial Relations Act, 1946. It is the Workers claim that he is covered by the Construction Industry Registered Employment Agreement. The Company disputed this claim. It is the Company's position that the Worker was never engaged in any work categorised under the Construction Industry Registered Employment Agreement.
A Labour Court hearing took place on the 16th July, 2010.
DECISION:
Having carefully considered the submissions of both parties the Court notes that the relevant Registered Agreement contains dispute resolution procedures for dealing with issues of this nature which should have been utilised in this case. The Court is not prepared to insert itself into the procedural process in a situation where the dispute procedures have been bypassed.
Signed on behalf of the Labour Court
Brendan Hayes
11th August, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David P Noonan, Court Secretary.