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2002

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LCR17221

FULL RECOMMENDATION

CD/02/209
RECOMMENDATIONNO.LCR17221
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969



PARTIES :
MANUFACTURING & MAINTENANCE ENGINEERING LIMITED

- AND -

A WORKER
(REPRESENTED BY PINE DAWN LIMITED)


DIVISION :

Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr. Somers
SUBJECT:
1. Travel allowance, sick pay, safety, tool allowance, pension, bonus in 2000.


BACKGROUND:

2. The Company is involved in mechanical and precision engineering for the mechanical and maintenance side of the industry and is located in Waterford.

The worker was employed with the Company from April, 1997, until December, 2000. In July, 1997, the worker was involved in a road accident which necessitated an extended absence from work. On his resumption in June, 1998, he was employed by the Company as a mechanical maintenance fitter at Allied Signal Ireland Limited.

The worker claims that during his employment he did not receive certain allowances and benefits which he believes were due under the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, 1992,




and Registered Employment Agreement (Construction Industry Pensions and Sick Pay) Variation Order, 1994. The worker also claims he was denied a tax free bonus paid by the Company to employees in December, 2000. The Company reject the claim. The company's position is that it is not involved in any aspect of the construction industry.

The worker referred the matter to the Labour Court on the 18th February, 2002, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Waterford on 31st July, 2002. The worker agreed to be bound by the Court’s recommendation.

WORKER'S ARGUMENTS:

3. 1. The worker spent most of his working time in factories on the Industrial Estate, Cork Road, Waterford. There was a period in June/July, 1998, when he was employed in the workshops in Kilkenny.

2. Despite many requests to return to work during an extended absence, following a road accident, the worker’s doctor refused him a final certificate and the worker was certified fit to return to work by another doctor.

3. The worker diligently worked providing a call out service and was available at all hours to answer telephone queries.

COMPANY'S ARGUMENTS:

4. 1. The worker terminated his employment without prior notice and the Company only became aware of the termination when management contacted Allied Signal Ireland requesting his time sheet.

2. The Company is not involved in any aspect of the construction industry and do not hold a subcontractor certificate for the industrial sector.

3.Following notification it received from the Revenue Commissioners the Company is of the opinion that no allowances are due regarding travel and sick pay .

4. No medical certificates were received from the claimant during his period of employment.


RECOMMENDATION:

Application of Construction Industry Agreement
It is clear to the Court that the worker and the employer are not encompassed by the Registered Employment Agreements for the Construction Industry. Consequently, the Court does not recommend concession of this claim.




Christmas Bonus.
The Claimant was not working for the Company at the time the bonus was paid. In these circumstances the Court does not recommend concession of the claim.



Signed on behalf of the Labour Court



Kevin Duffy
12th August, 2002______________________
CH/MB.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Caroline Hayes, Court Secretary.




 
 
 
 
 
 
 
 
 

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