FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 33(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : RUANE MAINTENANCE SERVICE LIMITED (REPRESENTED BY IRISH LIQUIDATIONS) - AND - JOZEF PIKSA, TADEUSZ BOLOZ, PIOTR PIERZCHALA, WLADYSLAW SZABLA (REPRESENTED BY J. C. HOBAN & COMPANY) DIVISION : Chairman: Mr Hayes Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Interpretation Of A Registered Employment Agreement
BACKGROUND:
2. The case before the Court concerns a dispute between Ruane Maintenance Service Limited and four named individuals represented by J.C Hoban & Co Solicitors in relation to the application of the Construction Industry Registered Employment Agreement (REA), Wages and Conditions of Employment The workers' representative contends that the Company carried out work within the scope of the REA and employed the claimants to work in circumstances that entitle them to payment on the Grade A rate. The company, now in liquidation, was represented by a member of the liquidation firm who outlined the Company's current financial position and who did dispute the substantive submission of the claimaints.
The workers' representative submitted a request for Interpretation of the REA on March 1st 2010 in accordance with Section 33(1) of the Industrial Relations Act, 1946. A Labour Court hearing took place on 3rd June, 2010.
The following is the Court's Decision:
DECISION:
The Court has carefully considered the submissions of the claimants and the comments and observations offered by a representative of the Company Liquidator.
The Court determines that the Company was engaged in activities that brought it within the scope of the Registered Employment Agreement for the Construction Industry.
The Court further determines that Jozef Piksa, Piotr Pierzchala, Tadeusz Boloz and Wladyslaw Szabla were performing work, with such skills and experience as to entitle them to be paid as grade C operatives for the entire duration of their employment
Signed on behalf of the Labour Court
Brendan Hayes
15th June 2010______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.