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1st December 2009 - Update Electrical Contracting REA

Pay:

The increases recommended by the Labour Court of 2.5% from 1st September 2009 and 2.4% from 1st January, 2010, were before the Labour Court for variation on Friday 27th November, 2009. The Chairman enquired if there were any preliminary issues before proceeding.

A group of non-aligned Contractors represented by Senior Counsel spoke first and sought an adjournment because of the High Court case (Challenge to the Industrial Relations Act 1946, Judicial Review of the Labour Court Decision of 26th February, 2009 that upheld the Registered Employment Agreement, the Camlin and Bunclody cases) scheduled for 8 days commencing on 1st December, 2009.

The application for an adjournment was supported in turn by the NECI, which were also legally represented.

The ECA added their voice to the request for an adjournment citing that the Ministerial Report had still not issued and it’s contents were potentially important.

The AECI also supported a request for an adjournment.

The TEEU opposed the request and explained that the High Court refused a stay to the non-aligned contractors in September 2009, as they refused to give an undertaking for damages (back pay for our members) should the Court ultimately find against the employers concerned.

To accede to a request to adjourn now, would be tantamount to agreeing a stay, but without an undertaking in relation to costs and opposed the application for an adjournment.

The Labour Court recessed and when they returned adjourned the hearing until Friday, 18th December, 2009, by such time as the Ministerial Report should be available.

 

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