INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946
PORTELLA DEVELOPMENTS LIMITED
(REPRESENTED BY CAFFERTY SOLICITORS)
- AND -
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES)
Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Ms Ni Mhurchu
1. Interpretation of a Registered Employment Agreement.
2. The dispute concerns a foreign national who was employed by the Company from 9 May 2006 to 31 December 2009. The Worker's case is that the Company is a construction company that is covered by the terms of the Registered Employment Agreement (REA) for the Construction Industry. The Worker claims that he was not paid the proper rate of pay for the duration of his employment, and also that he was not included in the appropriate pension and sick pay schemes. The Worker referred this case to the Labour Court on the 21st April, 2010, in accordance with Section 33(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th August, 2010.
3. 1. The Company is a construction company - not a gardening company - and it is clearly covered by the REA.
4. 1. The Worker was employed as a gardener and as such he was not covered by the REA.
Having carefully considered the submissions of both parties the Court is satisfied from the evidence presented that: -
The Company is building company within the meaning of the Second Schedule to the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, 2006 (the Agreement) which came into effect from 17th November 2006.
The applicant is a worker employed in the capacity of a General Operative in accordance with Clause 2 of the Agreement.
The Agreement at Clause 11 sets out a “Procedure for Settling Grievances and Disputes.” Accordingly the Court is satisfied that disputes as to the rate of pay applicable to the Applicant is properly a matter to be dealt with through this process before it is dealt with by the Court.
Signed on behalf of the Labour Court
11th August, 2010______________________
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.