FULL RECOMMENDATION
SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : SUE RYDER FOUNDATION IRELAND LTD (REPRESENTED BY EUGENE F. COLLINS SOLICITORS) - AND - MAUREEN MEENAGH DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal against Rights Commissioners Decision WT17014/03/TB (Double Appeal)
BACKGROUND:
2. A Labour Court Hearing took place on 10th March 2005. The following is the Court's Determination:
DETERMINATION:
The respondent failed to attend the hearing of this complaint before the Rights Commissioner for reasons, which were explained to the Court. Both sides appealed the decision of the Rights Commissioner.
Based on the submissions of the parties and from documentary evidence submitted at the hearing the Court has established the position to be as follows:
The claimant worked with the Foundation from May 1989 until June 2003. She was initially working on a voluntary basis. In 1990 Ms. Meenagh was employed as Manager of the Foundation’s shop in Naas and was paid £45.00 (€57.14) per week and a fixed bonus payment of £30.00 (€38.09) plus an additional bonus related to sales targets being achieved. Ms. Meenagh remained on this pay arrangement, without an increase in pay, for the duration of her employment.
Whilst the Foundation did not provide a contract of employment to the claimant, it maintains that she was employed on a part time basis and supplied information to the Court indicating that her hours varied from 17 hours to 31.5 hours per week, for 2003. On the other hand, the claimant stated that she was employed on a full time basis, working 40 hours per week.
Counsel for the Foundation stated to the Court that the reason for the low rate of pay was to accommodate Ms. Meenagh’s application for Supplementary Welfare Allowance, which she was claiming while employed by the Foundation.
Witness statement from the Community Welfare Officer of the Community Welfare Services confirmed that information was provided on a regular basis indicating that Ms. Meenagh earnings did not exceed €57.14 per week, thereby entitling her to the allowance for this period. The respondent indicated to the Court that other managers employed in its other charity shops were paid in accordance with the National Minimum Wages Act, 2000. An exception was made in Ms. Meenagh’s case in order to facilitate her request.
The claim before the Court relates to the period between 1st April 2000 (implementation date of the Act) and the date on which Ms. Meenagh’s employment terminated in June 2003. As records are not available for the period up to May 2002, the Court has relied on information supplied post that date. The Court has examined the detail supplied by both parties and the testimony of the witnesses, and is satisfied that Ms. Meenagh worked an average of 31 hours per week.
Taking these average hours from 6th April 2000 to 30th June 2001 at a minimum hourly wage of €5.59 (£4.40); from 1st July 2001 until 30th September 2002 at €5.97 (£4.70) per hour and from 1st October 2002 to 27th June 2003 at €6.35 per hour, then there was an entitlement to be paid €30,971.55 for the period in total. The total actual wages paid to Ms. Meenagh during this period was €20,919.75 there are, therefore, arrears of €10,051.80.
Determination.
The Court is satisfied that the complaint herein is well founded and that the decision of the Rights Commissioner should be set aside. Pursuant to Section 29(1) of the Act the following decision of the Court is substituted for the decision of the Rights Commissioner:
- That the claimant be awarded arrears of wages in the amount of €10,051.80. That the claimant be awarded €500 in respect of expenses incurred in processing this claim.
The respondent should therefore pay the claimant a total of €10,551.80 in discharge of her claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th March 2005______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.