FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : COMERFORD DEVELOPMENTS (IRL) LTD - AND - AIVARS JUCHNEVICIUS & ROBERTAS PREIKSAITIS (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Determination as to the applicability of the Registered Employment Agreement for the Construction Industry.
BACKGROUND:
2. The matter was referred to the Labour Court on 21st June, 2011 in accordance with Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on 1st September, 2011. The following is the Court's Decision:
DECISION:
This is an application by Aivaras Juchnevicius and Robertas Preiksaitis (hereafter the Applicants) made pursuant to s.33(1) of the Industrial Relations Act 1946. The Applicants seeks the opinion of the Court on the question of whether the Registered Employment Agreement for the Construction Industry applied to them in respect to their employment with Comerford Development (Ireland) limited (hereafter the Respondent) since 25th February 2006 and 16th August 2004 respectively.
The Respondent was informed of the time and date on which this application would be heard but it failed to attend the hearing or to otherwise communicate with the Court in the matter.
The Court was told that the Respondent is a building firm within the meaning of the First Schedule of the Registered Employment Agreement and that the Applicants were employed by the Respondent as a general operative and a carpenter respectively.
On the uncontested evidence of the Applicant the Court holds that the Applicants were persons to whom the Agreement related from the dates aforesaid.
Signed on behalf of the Labour Court
Kevin Duffy
03rd October, 2011______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.