FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUGGAN BROTHERS LTD (REPRESENTED BY CONSTRUCTION INDUSTRY FEDERATION) - AND - BUILDING AND ALLIED TRADES UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Displacement of directly employed Bricklayers, re-employment and compensation for Bricklayers, Conditions of Employment including Piecework Rates
BACKGROUND:
2. This concerns a dispute between the Company and Union in relation to employment changes within the Company. Currently, the Company does not directly employ Craftsmen (Bricklayers) as it claims there is no work for them. In addition, it considers it more appropriate to employ such workers on a sub-contracting basis in the future should the need arise.
The Union accepts the current difficulties within the Construction sector but is of the view that future projects undertaken should result in the direct re-employment of the workers and not on a sub-contracting basis. The Union claims that it is willing to enter into discussions with the Company as to how the workers may be re-employed in such circumstances.
The dispute was not resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 11th September, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 25th March 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 The workers have lost their employment after long years of service. The workers were not consulted prior to the Company making its decision and were not given the opportunity to discuss how matters could besuccessfully resolved going forward. Any work that becomes available in the future should be offered to these workers as direct employees and not on a sub-contracting basis as suggested by the Company.
COMPANY'S ARGUMENTS:
4 1 The Company has suffered greatly in the economic downturn. Currently it has no suitable work for the Bricklayers and in circumstnaces where there may be work available in the future, the Company reserves the right under the provisions of the Registered Employment Agreement to employ sub-contractors if deemed more appropriate to its needs.
RECOMMENDATION:
Having carefully considered the oral and written submissions of both parties in this case the Court is satisfied that the employer has acted in accordance with the provisions of the Registered Employment Agreement for the Construction Industry that governs the conduct of industrial relations within the sector.
Signed on behalf of the Labour Court
Brendan Hayes
20th April 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.