AN CHUIRT OIBREACHAIS
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
O'MALLEY CONSTRUCTION COMPANY LIMITED
- AND -
BUILDING & ALLIED TRADES UNION
Chairman: Mr McGrath
Employer Member: Mr Keogh
Worker Member: Mr Walsh
1. Breach of the Construction Industry Registered Employment Agreement on Wages and Conditions of Employment.
2. The dispute concerns two bricklayers who were employed by the Company from February, 1994 to July, 1995. The Union claimed that the Company was in breach of the REA for failing to pay the workers holiday money and meal, tool and travel allowances as provided for under the Agreement.
The Company rejected the claim and stated that the rates of pay agreed with the bricklayers were inclusive of all allowances due to the workers.
The dispute was referred to the Labour Court on 16th October, 1996 in accordance with Section 32 of the Industrial Relations Act, 1946. The Court investigated the dispute on the 29th November, 1996.
3. 1. The Company is in breach of the Registered Employment Agreement by failing to pay allowances due to the workers concerned.
2. Payment of holiday money and of meal, tool and travel allowances were not shown on the worker's pay slips.
3. The workers concerned are entitled to these allowances from February, 1994 to July, 1995.
4. 1. The Company has complied with all of the requirements of the Agreement in relation to rates of pay, allowances and annual leave.
2. The method by which the workers agreed to be paid is custom and practice within the building industry.
3. The rates of pay agreed with the workers concerned were inclusive of all allowances and are in excess of those provided for in the Agreement.
The Court has considered all of the matters raised by the parties in their oral and written submissions.
The Court finds that the Company for clarity of all concerned should have clearly indicated in pay slips that the allowances were included in the payment being made.
The Court, however, finds that the rate being paid was fully inclusive of all of the allowances covered by the terms of the Registered Employment Agreement.
Accordingly, the Court is not satisfied that the complaint is well founded and rejects the claim of the Union.
Signed on behalf of the Labour Court
8th January, 1997______________________
Enquiries concerning this Order should be addressed to Larry Wisely, Court Secretary.