FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : ACOL LIMITED - AND - DARIUS RIDIKAS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES, SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Interpretation of an REA.
BACKGROUND:
2. The Applicant was employed as a General Operative from 19th May, 2008 until 13th May 2011 when he was given his P45. The Worker claims that he is an Employee covered by the provisions of the Construction Industry Registered Employment Agreement and is seeking a declaration to this effect from the Labour Court.
The Worker referred his case to the Labour Court on the 17th May, 2011 in accordance with Section 33(1) of the Industrial Relations Act, 1946.
Neither the Employer nor his representative attended at the Labour Court hearing.
WORKER'S ARGUMENTS:
3. 1.The Worker is claiming that the activities undertaken by the Company, namely Buildings Reconstruction, are covered by the Second Schedule of the REA and that he is a construction operative of a particular grade.
2. The Worker is seeking to be joined into the CWPS pension and sick pay scheme as is his legal right.
DECISION:
This is an application by Darius Ridikas (the Applicant) made pursuant to Section 33(1) of the Industrial Relations Act 1946 by which he sought the decision of the Court on a question as to the applicability of the Registered Agreement for the Construction Industry to his former employment with ACOL Limited (the Respondent)
The Respondent was informed of the time and date on which this matter would be considered but failed to attend the hearing.
This application arose in the context of a dispute concerning liability of the Respondent to enter the Applicant in an approved pension, assurance and sick pay scheme in accordance with the Agreement.
Having considered the uncontested evidence tendered by the Applicant the Court is satisfied that the Respondent is a building firm within the meaning of the Agreement. The Court is also satisfied that the Applicant was employed by the Respondent in his capacity as a general operative between the 19th May 2008 and 13th May 2011.
The Court is satisfied that during that period the Applicant was a person to whom the Agreement relates.
Signed on behalf of the Labour Court
Kevin Duffy
25th August 2011______________________
JFChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.