FULL RECOMMENDATION
SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : ONE STOP MOTORSHOP - AND - CONALL COYLE DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Decision MW1504/00/JH.
BACKGROUND:
2. The worker was employed by the Company from the 26th of August, 1999 to the 11th of May, 2000. He claims that he requested the minimum wage of euro 5.59 (£4.40) per hour in April and on the 10th of May, 2000, he sought a pay reference period. On the 11th of May, he was dismissed (the reasons for the dismissal are a separate issue).
The worker referred a claim under the National Minimum Wage Act, 2000, (the Act) to a Rights Commissioner for investigation. Her Decision issued on the 9th of October, 2000, as follows:-
"Decision
Connall Coyle has a valid claim. He was entitled to be paid £4.40 per hour for his hours of work with effect from 1st April 2000. On the basis of this decision he should have received £4.40 X 284 hours (up to 12th May 2000) = £1258.40. Instead he received £1080 (6 X 180 up to 12th May 2000). He is to receive £178.40 compensation in respect of his outstanding wages plus £50 expenses, totalling £228.40 in settlement of his claim."
The Company appealed the Decision to the Labour Court on the 16th of November, 2000. The employer stated that he had enquired about the terms of the Act and was told that the employee had to have worked for two years to be entitled to euro 5.59 (£4.40) per hour. The employer believed that the worker had not worked for two years and that, therefore, he should be paid a lesser amount. The Court heard the appeal under Section 27(1) of the National Minimum Wage Act, 2000, on the 10th of October, 2001, in Donegal. Subsequent to the hearing, the claimant provided the Court with a history of his work career prior to his employment with One Stop Motorshop.
DETERMINATION:
The employer's case was based on a belief that the claimant had not worked for two years.
Based on information supplied, the Court is satisfied that the claimant had worked for more than two years.
The Court, having considered all the information supplied, upholds the Right Commissioner's Decision and rejects the appeal.
The Court so determines.
Signed on behalf of the Labour Court
Finbarr Flood
29th January, 2002______________________
D.G./C.C.Chairman
NOTE
Enquiries concerning this Determination should be addressed to Dympna Greene, Court Secretary.