PW346/2011

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                             CASE NO.

EMPLOYER - appellant                                                                                PW346/2011

against the recommendation of the Rights Commissioner in the case of:

EMPLOYEE - respondent

under

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Mr P.  Hurley

Members:     Mr G.  Andrews

                     Ms H.  Henry

heard this appeal at Galway on 16th May 2013

Representation:

_______________

Appellant(s) : In person

Respondent(s) : no appearance by or on behalf of the respondent

The decision of the Tribunal was as follows:-

This case came before the Tribunal by way of an appeal by the employer against the decision of a Rights Commissioner ref: r-104519-pw-11/GCunder the Payment of Wages Act, 1991.

Determination

The Tribunal was satisfied that all parties were on notice of the hearing. There was no appearance by or on behalf of the respondent (employee) at the hearing. The payroll manager on behalf of the appellant (employer) gave evidence of the appeal. The Tribunal was told that the employer an employment agency was unable to establish from their client what duties the respondent performed. The witness understood that the respondent was hired to work as a general operative and also operated a machine referred to as a mini dumper from time to time.

A perusal of the  relevant sector agreement governing pay for construction  workers [Registered Employment Agreement (Construction Industry Wages and Conditions of Employment ) Variation Order 2011]  which entered into effect from 4^th February 2011 stipulates (Clause 2 second Schedule ) that its terms apply to employees employed in the  construction sector by Building or Civil Engineering Firms whose principal business or  activities is work connected with or directly arising from the building or construction. The agreement lists such activities. The agreement was completed by unions representing building or construction workers.

The appellant is a recruitment agency, incorporated as a limited liability company. It is not an entity that can be considered as engaged in the building or construction trade.  Thus it is the view of the Tribunal that, as such, the terms of the Building Agreement do not extend to it.

Accordingly, the Tribunal sets aside the decision of the Rights Commissioner and the appeal under the Payment of Wages Act, 1991 succeeds.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)