INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 32, INDUSTRIAL RELATIONS ACT, 1946
JOHN HARRINGTON ELECTRICAL LIMITED
- AND -
TECHNICAL, ENGINEERING AND ELECTRICAL UNION
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Ni Mhurchu
1. Electrical Contracting Industry Registered Employment Agreement.
2. The Union referred this case to the Labour Court on the 21st March, 2011, in accordance with Section 32 of the Industrial Relations Act, 1946 to 2004.A Labour Court hearing took place on 12th October, 2011.
3. 1. The Company is registered in the CWPS but the Union is unable to confirm that all eligible Workers have been entered into the scheme.
4. 1. The sole Employee that is covered by the REA is now fully entered into the CWPS and all arrears are fully paid up to date.There are no other Employees that are covered under the Electrical REA.
This matter came before the Court pursuant to Section 32 of the Industrial Relations Act 1946 in a complaint by TEEU (the Complainant) alleging various contraventions of the Registered Employment Agreement for the Electrical Contracting Industry by John Harrington Electrical Limited (the Respondent).
The representative of the Complainant told the Court that it believed that the Respondent had not complied with the agreement in relation to the employment of two named persons. The Respondent denied the allegations.
Mr John Harrington, a Director of the Respondent, told the Court that one of the named persons was not a worker to whom the agreement relates. He also told the Court that the subject matter of the complaints, in so far as they relate to the second named person, had been rectified when it was brought to the Respondent’s attention.
The Complainant was unable to offer any evidence to contradict the evidence tendered on behalf of the Respondent.
A person alleging a contravention of a Registered Agreement must provide some credible and admissible evidence to substantiate the complaint. In this case no such evidence was tendered.
According the Court must hold that the within complaint is not well-founded.
Signed on behalf of the Labour Court
1st November, 2011______________________
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.