INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946
JOHN PATRICK MALONE, SEAMUS MARTIN MALONE & PAUL JAMES MALONE
TRADING AS PROKOTE PAINTING
(REPRESENTED BY THOMAS J. WALSH SOLICITORS)
- AND -
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES, SOLICITORS)
Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Mr Nash
1. Interpretation of a Registered Employment Agreement.
2. The Complainant began work with Prokote Painting during May, 2005 as a painter on building sites within the greater Dublin area. His work terminated on 18th April, 2007. The Complainant is seeking an interpretation of the Construction Industry Registered Agreement while his ex-Employer disputes that he is entitled to request one.
The Worker referred his case to the Labour Court on the 31st March, 2010, in accordance with Section 33(1) of the Industrial relations Act, 1946.
3. 1. The Complainant was a painter and therefore he contends that as such he held a craft position with the Company.
4. 1. The request for an interpretation of the REA has come after the elapse of three years since the termination of the Complainant's employment. The undue delay in making the request has put the Company at a disadvantage.
Having considered the submissions of the parties the Court is satisfied that the principal business of the Company involves the provision of contracted painting and decorating services. Accordingly, the Company is a building firm within the meaning of the Second Schedule to the Registered Employment Agreement for the Construction Industry.
The Court is further satisfied that the Worker to whom this application relates is a Construction Operative within the meaning of the said Registered Agreement and is entitled to the rates of pay and conditions of employment specified by the Agreement.
Signed on behalf of the Labour Court
4th August, 2010______________________
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.