FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : P HARTE & CO. LIMITED (IN LIQUIDATION) - AND - PJ LILLIS (REPRESENTED BY MS N.MCGOWAN B.L. INSTRUCTED BY MARK COONEY SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Interpretation of the Construction Industry Registered Employment Agreement (Wages and Conditions of employment)
BACKGROUND:
2. This case concerns an application for interpretation of the Construction Industry Registered Employment Agreement (Wages and conditions of employment). The worker was employed by the Company as a pipe layer between July 2008 and November 2009. It is the worker's contention that he was a Grade B operative as provided for under the Registered Agreement yet was not paid the correct rate of pay while in the employment of the Company.
The matter was referred to the Labour Court on 12th April 2010 in accordance with Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 18th October, 2011the earliest date suitable to the parties.
The Company was represented by Mr Michael O'Brien liquidator. The worker's contention was not contested.
The following is the Court's Decision:
DECISION:
This case comes before the Court pursuant to Section 33 of the 1946 Industrial Relations Act (the Act).
Section 33 of the Act provides
- 33.- (1) 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.
In this case the Applicant is asking the Court to decide if the Registered Agreement for the Construction Industry applies to his employment with the Respondent company and also to decide whether, having been employed as a pipe layer by the respondent company, he was entitled to the Grade B rate of pay for the duration of his employment.
Procedure:
The Court conducted an oral investigation into the Application on 18th October 2011. The Applicant was represented by Ms N McGowan B.L. instructed by Mark Cooney Solicitors. The Respondent Company was represented by Mr Michael O'Brien, Liquidator.
Position's of the Parties.
Ms McGowan submitted that the Applicant was employed by the Respondent Company as a pipe layer between 1st July 2008 and 3rd November 2009 and consequently was entitled to be paid as a Construction Operative within the meaning of the Registered Employment Agreement. She submitted that the Respondent Company carried out site works in relation to construction and civil engineering projects and consequently was a Civil Engineering Firm within the meaning of the Registered Employment Agreement. She submitted that the Applicant was seekinga decision from the Court to the effect that he was a worker to whom the Registered Agreement for the Construction Industry applied and that the Respondent Company was a "Civil Engineering Firm" within the meaning of that Agreement.
The Liquidator told the Court that he did not dispute the submissions that had been made on behalf of the Applicant. He agreed with the Applicant that the Respondent Company had employed him as Construction Operative working as a pipe layer for the duration of his employment as outlined to the Court. He further agreed that "Civil Engineering" within the meaning of the Registered Agreement for the Construction Industry was the principal business of the Respondent Company. He further advised the Court that the Company had gone into liquidation and that its assets were not adequate to meet its liabilities.
Findings and Decisions of the Court.
Section 33 of the Act confers a discretion on the Court to give or not to give a Decision in respect of any application that comes before it under the Section. The Court is of the view that it is appropriate to give a decision on the questions before it in this case.
On the basis of the submissions made to the Court on behalf of the Applicant and the fact that they were not contested by the Liquidator, the Court decides that the Applicant was employed as a Construction Operative (Grade B) by the Respondent Company, the principal business of which was such as to bring it within the definition of a "Civil Engineering Firm" within the meaning of the Registered Employment Agreement.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
8th November, 2011.______________________
AH.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.