INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
SEAN O'BRIEN T/A SEAN O'BRIEN PAINTING CONTRACTOR
- AND -
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Mr Nash
1. Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay
2. The Union alleges that the Employer is in breach of the Construction Industry Registered Employment Agreement concerning the provision of Pension, Assurance and Sick Pay benefits.
The Union referred the matter to the Labour Court on the 24th November, 2005 in accordance with Section 32 of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 30th August, 2006.
The Respondent to this complaint contends that he is not an Employer but a Sole Trader. He told the Court that on occasions when he is unable to undertake a contract he arranges for another painter to complete the work. The Union told the Court that it encountered this other individual working in the preparation of displays at RTE. The Complainant told the Court that this individual was being paid by the Respondent and it therefore considered him to be an employee of the Respondent and covered by the REA.
It is for the Complainant to satisfy the Court that a complaint is well founded. The Respondent in this case told the Court that the individual to whom the complaint relates undertook contract work at RTE which he had handed over to that individual because he could not complete the work himself. There was no evidence before the Court to contradict this assertion. On this basis the Court cannot hold that the individual was engaged by the Respondent as either a worker or an employee within the meaning of the Agreement.
Moreover, the Union contend that the individual in question was engaged in the preparation of sets for television programmes. The Court is not satisfied that this is an activity which comes within the scope of the REA.
For all of these reasons the Court is not satisfied that the complaint is well founded.
Signed on behalf of the Labour Court
1st September, 2006______________________
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.