FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : MICHAEL DOYLE T/A MICHAEL DOYLE CONTRACTORS - AND - A WORKER (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Interpretation of a Registered Employment Agreement.
BACKGROUND:
2. The Worker concerned was employed as a Labourer/General Operative by the Company from 25th September 2006 to the 13th February 2009 working on sites.
- The Worker is seeking a declaration that he was an employee covered by the provisions of the Registered Employment Agreement for the Construction Industry and was therefore entitled to be paid in accordance with the provisions of the said Registered Agreement.
The Worker is further seeking a declaration that the Employer is a Construction Company as defined by the Second Schedule Paragraph 1(a) of the Registered Employment Agreement for the Construction Industry.
The Employer wrote stating that he was unable to attend the Labour Court hearing. He also stated in a letter that he had employed the Worker between 2006 and 2009 as a General Operative as he had no prior experience in the construction industry and that a rate of pay was agreed with him before his employment commenced.
On the 20th April 2010 the issue was referred to the Labour Court in accordance with Section 33(1) of the Industrial Relations Act, 19467. A Labour Court hearing took place on the 25th March 2011. The following is the Court's decision:
DECISION:
This matter came before the Court by way of an application by Mr. Svajunas Raudonis, c/o Richard Grogan & Associates, Solicitors, 16-17 College Green, Dublin 2 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".
Mr. Richard Grogan, Solicitor, representing Mr. Raudonis, submitted that the Applicant was a General Operative and should be classified as a Grade D Construction Operative for the duration of his employment with the Respondent.
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) and accepted that Mr. Raudonis was employed as a general operative in its firm.On the basis of the uncontested evidence put before it the Court is satisfied that while employed by Michael Doyle t/a Michael Doyle Contractors, Mr. Svajunas Raudonis 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
30th March. 2011______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.