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2003

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REA031

FULL RECOMMENDATION

CD/02/571
ORDERNO.REA031
AN CHUIRT OIBREACHAIS
THE LABOURCOURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001

SECTION 32, INDUSTRIAL RELATIONS ACT, 1946



PARTIES :
ARIANE FLOOR SANDING SPECIALISTS

- AND -

INP&DTG/SIPTU


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. Alleged breach of the construction industry Registered Employment Agreement on pensions, assurance and sick pay. The Union alleged that the company were involved in the business of floor replacement, thus bringing them within the ambit of the R.E.A. The company stated that it's business was sanding and polishing floors an activity not covered by the R.E.A


BACKGROUND:

2. A Labour Court hearing took place in the Labour Court between the above named parties on the 12th of December, 2002. The outcome of the hearing is outlined in the Recommendation.









ORDER:

Following consideration of the submissions made by the parties the Court is satisfied that this Company is involved in the sanding of floors and does not get involved in the replacing of floors, as claimed by the Union.
Having considered the description of the work undertaken by the Company, the Court is satisfied that it does not come within the ambit of the Registered Employment Agreement.
Accordingly, the Court does not find the Company to be in breach of the Registered Agreement as claimed by the Union.





Signed on behalf of the Labour Court



Finbarr Flood
7th January, 2003______________________
CMCMChairman



NOTE

Enquiries concerning this Order should be addressed to Carmel McManus, Court Secretary.





 
 
 
 
 
 
 
 
 

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