FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : FOLEY ENGINEERING & CONSTRUCTION LIMITED (IN LIQUIDATION) - AND - MR ZBIGNIEW OBLAK, MR ANTONI BEMOWSKI, MR DARIUSZ TYRALA, MR KRZYSZTOF KACPRAZAK (REPRESENTED BY JC HOBAN & CO) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Hearing arising from Decision No. INT106
BACKGROUND:
2. The case before the Court concerns a dispute between Foley Engineering and Construction Limited (in liquidation) and four named individuals represented by J.C Hoban & Company Solicitors in relation to the application of the Construction Industry Registered Employment Agreement (REA), Wages and Conditions of Employment. The Workers' Representative contends that the Company carried out work within the scope of the REA and employed the Claimants to work in circumstances that entitle them to payment on at least Construction Operative Grade D hourly rates. The Company, now in liquidation, originally disputed the substantive submission of the Claimants.
The four named individuals submitted a request for Interpretation of the REA on February 15th 2010 in accordance with Section 33(1) of the Industrial Relations Act, 1946. Labour Court hearings took place on 8th July, 27th October and 1st November 2010. A Labour Court Decision (INT106) was issued in 2010. The Workers' Representative has asked the Labour Court to further clarify Decision INT106 and to confirm that the Workers are entitled to at least Grade D rates. A final Labour Court hearing took place on 1st August, 2012.
The following is the Labour Court's Decision:
DECISION:
This matter came before the Court by way of an application by Mr. Zbigniew Oblak, Mr. Antoi Bemowski, Mr. Dariusz Tryala and Mr. Krzysztof Kacprzak c/o J.C. Hoban & Company, Solicitors, Suite 114, Capel Building, Mary’s Abbey, Dublin 7 for an interpretation of the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) (the REA) and its application to them. It is brought under Section 33(1) of the Industrial Relations Act, 1946.
In the application Mr. Krystian Boino, Solicitor, on behalf of the Applicants, is seeking the decision of the Court that each of them should be classified as Grade D Construction Operative as specified under the First Schedule of the REA.
The Applicants in this case had previously made an application under Section 33(1) of the Industrial Relations Act, 1946 to the Court in 2010 concerning the same Respondent, where the Court decided in Labour Court Decision No INT 106 that the Respondent (Foley Engineering & Construction Limited) was a firm covered by the Second Schedule to the REA and so bound by its terms.
The Respondent is now in Liquidation. Neither the Respondent nor the Liquidator was present in the Court for the hearing of this application. At the hearing before the Court in 2010, it was not in dispute that the Applicants were employed by the Respondent.
Section 33(1) of the Industrial Relations Act 1946 provides as follows:
- "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".
- “Based on the information provided for the Court, it appears that the Applicants were involved in a process whereby they habitually carried out construction related activities which must come within the ambit of the REA and to that end they should be afforded the benefits of the REA.”
- “For all of these reasons the Court is satisfied that the REA is applicable to the Applicants encompassed by this claim.”
Having found as it did in Labour Court Decision No INT 106 and as the Grade D Construction Operative attracts the minimum rate under the REA, the Court has no hesitation in finding that Grade D Construction Operative applied to the Applicants while they were employed by the Respondent (now in Liquidation).
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd October, 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.