In a work assignment dispute under section 99 of the Labour Relations Act, 1995, the responding union brought a preliminary motion arguing that the Board should not deal with the issue of which sector of the construction industry the work fell into because it was not raised in a timely manner.
The Board dismissed the motion, finding that the applicant union had raised the sector issue squarely in its reply submissions over four weeks prior to the consultation, providing ample warning.
The Board adjourned the consultation to allow notice to be given to other interested parties and set a schedule for further submissions and a hearing.
