FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : JOE MILEY & PARTNERS (DUBLIN) LTD (REPRESENTED BY OISIN QUINN, S.C.) - AND - UNITE THE UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Construction Industry Registered Employment Agreement - Pensions Assurance and Sick Pay
BACKGROUND:
2. The original complaint of an alleged breach of a Registered Employment Agreement (Construction Industry Pensions, Assurance and Sick Pay) was made against the Company by Unite the Union on the 10th June 2010 in accordance with Section 32 of the Industrial Relations Act, 1946.
Following a postponement in November 2010 and a hearing in February 2011 matters remained unresolved and the matter was referred back to the Court again for a further hearing. The Labour Court hearing took place on the 5th October 2011.
The following is the Decision of the Court:-
DECISION:
This matter came before the Court by way of a complaint by Unite Trade Union pursuant to s.32 of the Industrial Relations Act 1946, that Joe Miley & Partners (Dublin) Ltd failed to comply with the terms of the Registered Employed Agreement for the Construction Industry (Pensions, Assurance and Sick Pay) by not providing pension, assurance and sick pay benefits which are not less favourable than those prescribed by the Registered Agreement.
The Company provided the Court with comprehensive information to show that it operates a private pension scheme for its employees which provide benefits which are not less favourable than those specified in the Agreement. It also furnished information in respect to sickness cover to show that it provides benefits out of its revenue which are at least as favourable as those specified in the Agreement.
In the absence of any evidence to contradict the accuracy of the information provided to it the Court is satisfied that the Union's complaint is not well-founded.
Signed on behalf of the Labour Court
Kevin Duffy
10th October 2011______________________
MG.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.