INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
JJ RHATIGAN & COMPANY
(REPRESENTED BY CONSTRUCTION INDUSTRY FEDERATION)
- AND -
UNITE THE UNION
Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. 1 - Claim for employment by JJ Rhatigan & Co at Kishogue site. 2 - Claim for redress to be paid by JJ Rhatigan & Co.
2. This dispute concerns both the Workers future employment at Company sites and matters arising from their previous employment at the Company's site. This dispute could not be 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 dispute was referred to the Labour Court on the 21st January, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd January, 2015.
3 1 The Workers should be compensated for underpayment of wages while working at the Kishogue site.
2 The Workers should be compensated for work denied them during this dispute.
3 The Workers should be provided with work for the remainder of construction at the Kishogue site.
4 1 All the Company's brick or blockwork is carried out by subcontractors.
2 Any dispute the Workers have concerning rates of pay and conditions of employment is with their Employer.
3. The Company has no vacancies for such work in the foreseeable future.
Having carefully considered the submissions of both parties to this difficult dispute the Court recommends that the Company, in full and final settlement of the matters at issue, allocate the sum of €100,000 to be divided amongst the workers involved in this dispute in accordance with a schedule of payments to be submitted by the Union following consultation with the workers affected.
The Court further recommends that the parties exchange assurances that there will be no victimisation of any person arising from their involvement or non- involvement in the dispute and that they will be facilitated with work in the future where they are employed by sub-contractors that are successful in winning tendered contracts for work.
On that basis the Court recommends that all other actions by both sides be subsumed into the terms of this recommendation in full and final settlement of all matters in dispute between the parties.
Signed on behalf of the Labour Court
29th January, 2015______________________
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.