Firm to pay €160k to worker scheme

A KERRY construction company has been ordered to pay five years’ worth of contributions totalling up to €160,000 to its workers’ pension and sickness scheme in a ruling by the Labour Court.

In not paying the contributions to the schemes, the court found under the Industrial Relations Act of 1946, CMH Construction and Civil Engineering failed to comply with the terms of the industry Registered Employment Agreement (REA).

The company questioned the jurisdiction of the court to make the ruling. It also questioned the figures put forward by the plasterers’ union, OPATSI which brought the claim.

CMH said demands for various sums of money were served on it in 2004 and subsequent years and the aggregate total being sought by OPATSI – €159,521.68 – exceeded the sum of those amounts.

In making its ruling the Labour Court said it was accepted the company was an employer to which the REA related and also the that the union represented the workers affected by that REA.

“It is further accepted that the respondent (CMH) has not complied with the REA in respect of all of its employees who are covered by the agreement in the years covered by the complaint,” it said. “Accordingly, the court is satisfied that the complaint herein is well-founded.”

However, the court deferred making a final order to allow the parties time to deal with issues about the amount claimed and the entitlement of certain employees of CMH to the benefits of the REA.


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