FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : JANUSZ NOWAK CONSTRUCTION SERVICES LIMITED (REPRESENTED BY RICHARD GROGAN & ASSOCIATES, SOLICITORS) - AND - SLAWOMIR LIPINSKI (REPRESENTED BY ALEXANDER AND IWONA ROZEK) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Interpretation of an REA.
BACKGROUND:
2. The case before the Court concerns an issue between the Company and the Worker in relation to the application of the Registered Employment Agreement (Wages and Conditions of Employment) for Janusz Nowak Construction Services Ltd. The Worker is claiming that the activities undertaken by the Company are covered in the Second Schedule of the REA and that the wages and conditions of employment included therein should be applied in this case.
Due to the lack of engagement between the parties the matter could not be resolved at local level and was referred to the Labour Court under Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 10th April, 2012.
DECISION:
- This matter came before the Court by way of an application by Slawomir Lipinski made pursuant to Section 33(1) of the Industrial Relations Act 1946, seeking a declaration that his former Employer, Janusz Nowak Construction Services Ltd, is a building firm within the meaning of the Registered Employment Agreement for the Construction Industry (Wages and Conditions of Employment) and is therefore encompassed by the Agreement.
At the hearing of this application the Solicitor for Janusz Nowak Construction Services Ltd confirmed that it is a building firm as aforesaid and that it is encompassed by the said Agreement.
As there is no dispute between the parties on the matter before it, the Court makes no order other than to record the position of the Respondent Employer.
Signed on behalf of the Labour Court
Kevin Duffy
2nd May, 2012______________________
JFChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.