FULL RECOMMENDATION
SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : ANNA & GERALDINE HUGHES (REPRESENTED BY BARRY HEALY AND COMPANY SOLICITORS) - AND - LINDA ARGULE (REPRESENTED BY MCENTEE & O'DOHERTY SOLICITORS) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Decision R-042467-Mw-06.
BACKGROUND:
2. The worker employed by the Company from the 11th of August, 2005, to the 12th May, 2006 as a florist. Her claim is that she was not paid the National Minimum Wage which at the time of her employment was €7.65 per hour. She was paid €5.00 per hour and this is not disputed by the employer. (There was some disagreement between the parties as to the number of hours worked by the claimant). She estimates her overall shortfall for the 9 months' employment as €3,912.00.
The worker referred her case to a Rights Commissioner but, for medical reasons supplied to the Court, was late for the hearing. The Rights Commissioner's decision was as follows:
"Due to the unexplained absence of the claimant the claim falls for lack of prosecution".
The worker appealed the decision to theLabour Court on the 8th of January, 2007, in accordance with Section 27(1) of the National Minimum Wage Act, 2000. A Labour Court hearing took place on the 9th of October, 2007, in Monaghan.
WORKER'S ARGUMENTS:
3. 1. The worker is a qualified florist from Latvia (the worker supplied a copy of her diploma). She was 18 years of age and qualified for the minimum wage. She was paid a basic rate of €200 for a 40-week, resulting in a shortfall of €2.65 per hour over the 9-month period, giving a total of €3,912.00.
COMPANY'S ARGUMENTS:
3. 1. The Company is a small family-run florist. The worker was employed as a general worker and sought out the position. During her employment she received extensive training as a florist. She had very little English and was not sufficiently competent to run the shop on her own. She received four weeks' holidays, two of which were fully paid.
DETERMINATION:
Having considered the submissions made by the parties, the Court finds that there was a breach of the Act resulting in an underpayment to the Claimant of €3,912.00.
The Court overturns the Decision of the Rights Commissioner and directs that the above amount be paid by the Employer to the Claimant.
The Court so decides.
Signed on behalf of the Labour Court
Raymond McGee
6th November, 2007______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.