INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
KPMG / MOORVIEW DEVELOPMENTS
- AND -
(REPRESENTED BY BUILDING AND ALLIED TRADES UNION)
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Ms Ni Mhurchu
1. Wages allegedly due to be paid.
2. This case concerns four Construction Craftsmen who were employed by Mooreview Developments Ltd for a period ranging from between nine and fifteen months ending in June 2004 with the completion of work on site. The Union (on behalf of the workers) is claiming that an agreement was reached between the workers and the employers representatives on site that on completion of the project they would be paid their back
weeks pay, a weeks pay in lieu of notice and any outstanding annual leave entitlements. The Union's position is that this agreement was not adhered to by the Company.
On 19th July, 2006, the Union referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed that the workers would be bound by the Court's Recommendation. A Labour Court hearing took place on 11th October, 2006
The Company declined an invitation to attend the Court hearing on the matter although a letter was received from the Receiver stating that the Company is insolvent and there are no funds available to defend the claim.
3. 1. The workers entered into an agreement with the Company's representatives on site that on completion of work they would receive their due entitlements in respect of a back weeks pay, pay in lieu of notice and outstanding annual leave entitlements. This agreement was not adhered to by the Company.
The Court notes that the Union's claim that monies are due and owing to its members arises from an agreement entered into on site between the Claimants and the employer on site. The Company in correspondence to the Court, claims that all sums due to the Claimants were paid on the termination of their employment.
The Court believes that it is in the interest of both parties that this matter be resolved by agreement. As a first step in that regard the factual circumstances in which this claim arose should be clarified between the Union and the Company. The Court recommends that the Company should agree to meet with the Union at the earliest available date for the purpose of so doing. The parties should then ascertain the amount, if any, due and owing to the Claimants on foot of the agreement relied upon. Any monies identified as being due should then be paid.
Signed on behalf of the Labour Court
26th October 2006______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.