FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : JOZEF PRZEDLACKI T/A TRAKON CONSTRUCTION - AND - JANUSZ CEGLINSKI DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Interpretation of Registered Employment Agreements.
BACKGROUND:
2. The Worker claims that he is an Employee covered by the provisions of the Registered Employment Agreements for the Construction Industry and is seeking a declaration to this effect from the Labour Court. The Worker referred his case to the Labour Court on the 28th September 2010, in accordance with Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 12th January, 2011.
DECISION:
There issue before the Court concerns an application by a worker, Mr Janusz Ceglinski, (the Applicant) for an interpretation of the Registered Agreement for the Construction Industry to determine if it applies to him in respect of the work he was employed to perform by Jozef Przedlacki t/a Trakon Construction (the Respondent).
Application of the Registered Agreement for the Construction Industry
The Applicant has, in accordance with Section 33 of the Industrial Relations Act 1946, asked the Court to determine whether or not the Registered Employment Agreement for the Construction Industry (the Agreement) applies to him.
The Applicant worked for the Respondent, between 01/02/2006 and 18/12/2008. The Respondent was a general building contractor operating in the grater Dublin area. The applicant carried out general building work as defined in the Agreement. The Respondent did not attend at Court nor did he make any submissions for its consideration.
Having investigated the matter, considered the oral and written submissions presented to it and taken into account the uncontested evidence of the Applicant, the Court is satisfied that the Agreement applies to the him in respect of his previous employment with the Respondent.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
25th January, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.