INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
MR FRANK MCDONALD T/A PROTECH DEVELOPMENTS
- AND -
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. Construction Industry Registered Employment Agreement - Pensions Assurance And Sick Pay
2. This case concerns a dispute between the Employer and Union in relation to an alleged breach of the Construction Industry Registered Employment Agreement on Pensions Assurance and Sick Pay. The Union contends that the Company is non-compliant with the Agreement and has not submitted payments to the Construction Workers Pension Scheme (CWPS).
The Employer's position is that the complaint is invalid as the proprietor of the Employer named in the Union's complaint is not known to him. It further contends that it has made several attempts to clarify the principal of the Business to the Union and the fact that the employer has never had any employees.
The Union submitted a complaint to the Labour Court in accordance with Section 32 of the Industrial Relations Act, 1946. A Labour Court hearing took place on 25th November, 2008
3 1 The Union was informed that the Employer was operating on a building site and had several employees. The workers involved are entitled to have contributions paid on their behalf to the CWPS.
2 The Union received phone calls from the principal identified in the complaint and is satisfied that the facts and details of the complaint are correct.
4 1 The entity complained of by the Union operates as a sole trader and has never had any employees.
2 There have been many attempts made to inform the Complainant that the individual named in the complaint is not empolyed or involved in any way in the business
The respondent told the Court that he is a sole trader and has never had employees. He further told the Court that the case referred does not relate to him (Mr Gary Barrett) but to a Mr Frank McDonald a person unknown to him. The Complainant was unable to offer any evidence to rebut the assertion of the respondent.
Accordingly, it is the decision of the Court that this complaint is not well founded.
Signed on behalf of the Labour Court
23rd December 2008______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.