At Listowel District Court on Wednesday, 19th September, District Judge Mary Larkin imposed a fine of €1,000 on Daniel McAuliffe & Sons (Construction) Ltd of Listowel, Co. Kerry, for failing to comply with a Labour Court Order.
The Labour Court Order was issued under Section 32 of the Industrial Relations Acts 1946 to 2004, and directed Daniel McAuliffe & Sons (Construction) Ltd to pay over to the Construction Workers Pension Scheme the sum of €17,389, in respect of pension, mortality insurance and sick pay cover for the period from January 2008 to December 2009.
SIPTU Organiser, Patrick McCabe, who attended the Court as a witness, said: "The imposition of a quarter of the maximum fine that can be applied for this breach of the law is no deterrent to construction firms failing to obey orders of the Labour Court. The firm did not make an appearance in Court, and was not represented. However, the Judge saw fit not to impose the maximum €4,000 that could have been applied.
"Some of the workers affected by this business's activities had more than the fine amount deducted from their wages over the period reviewed, in some cases in excess of double the amount. IPTU members contrast the lenient treatment afforded to this contractor with what may happen to an ordinary worker who fails to appear in Court to answer a summons for failure to hold a current TV or dog licence, where the Court will often apply the maximum fine."
Mr McCabe added: "Construction workers that are not organised in trade unions leave themselves open to abuses of the industry's Registered Employment Agreement. Our advice to workers is to get organised in a union in order to ensure that the correct minimum pay and conditions are applied to you and your co-workers."
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