ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00020452

Parties:

Complaint(s):

Date of Adjudication Hearing: 05/11/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 13 of the Industrial Relations Acts 1969] following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute(s).

Industrial Relations Act 1969

CA-00026988-001

Application

a.     of the Sectoral Employment Order (SEO) 2017

b.  Rate of pay

Background

The respondent submitted that the claimant’s claim is grounded on the idea that he should receive the pay rates as set out in the Sectoral Employment Order (SEO) 2017

The respondent submits that the SEO does not apply to his company. It was submitted that by letter dated April 6th, 2018, Siptu acknowledged that the respondent is not a construction industry and is not legally obligated to pay the rates as set out in the SEO 2017.

It was submitted that the claimant has been working for the respondent for more than 20 years as a General operative and was on the respondent’s general operative’s rate.

Findings

I find in the Claimants complaint form he states “ I believe the company have paid me below the amount I was due. We have taken this matter to conciliation, but we have failed to find agreement”

The respondent has 7 other employees and in Siptu letter of the 12th March 2018 it was confirmed that the claim was for a collective agreement and not based in any one individual.

Recommendation

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

i               Based on the evidence presented that there is a collective agreement and in accordance with 13(2) of the Industrial Relations Act I have no jurisdiction in the matter.

ii              The application of the Sectoral Employment Order (SEO) 2017 it is not within my remit to decide if the Order applies to the respondent.

Dated:   26-03-2020

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: