FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : COMPLETE FINISHES LIMITED - AND - PIOTR SZEWCZYK (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Interpretation of a Registered Employment Agreement
BACKGROUND:
2. The Worker was employed as a Painter from July 2008 to May 2010 with the Company. The Worker is seeking a Decision from the Labour Court regarding the appropriate classification for his grade under the provisions enshrined in the Construction Industry's Registered Employment Agreement.
The issue was referred to the Labour Court by the Worker on the 26th April, 2010 in accordance with Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 18th June, 2010.
DECISION:
This matter came before the Court by way of an application by Mr. Piotr Szewczyk, 19 Talbot Street, Dublin 1 for an interpretation of the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) (the Agreement) and its application to him. It is brought under Section 33(1) of the Industrial Relations Act, 1946.
Section 33(1) of the Industrial Relations Act 1946 provides as follows: -
- "The Court may at any time, on the application of any person, give its decision on any question as to the interpretation of a registered employment agreement or its application to a particular person".
The Respondent accepted that it is a firm covered by the Second Schedule to the Registered Employment Agreement (Construction Industry Pay and Conditions of Employment).
The Agreement outlines the Construction Operatives grades, from Grade A to D and states that the grades reflect the range of ability and years of service, as outlined by the Labour Relations Commission document entitled “Construction Operatives Responsibility and Skill Ranking”.
Having examined this document the Court is satisfied that the work carried out by Mr. Szewczyk comes within the definition of Grade D of the Agreement.
On the basis of the information put before it the Court is satisfied that while employed by Complete Finishes Limited, Mr. Piotr Szewczyk was entitled to be paid the rate of pay applicable to a General Operative Grade D specified in the First Schedule of the Agreement.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th July, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.