FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : RISTORANTE ROSSINI (REPRESENTED BY MCNULTY, BOYLAN & PARTNERS) - AND - OTYLIA MIKA (REPRESENTED BY MAGUIRE MCCLAFFERTY) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal Of Decision Of A Rights Commissioner
BACKGROUND:
2. The worker referred her case to the Court on the 18th February, 2008, in accordance with Section 31(1) of the Minimum Wage Act, 2000. The following is the Court's determination:
DETERMINATION:
This is an appeal by Otylia Mika (the Claimant) against the decision of a Rights Commissioner in her claim against Caf� Rossini Limited under the National Minimum Wage Act 2000 (the Act). It is agreed between the parties that the correct Respondent is Caf� Rossini Ltd.
The Claimant claims to have been underpaid by the Respondent in terms of the minimum wage prescribed by the Act during the course of her employment with the Respondent between 2005 and 2007.
The Court is satisfied that the conditions precedent to its jurisdiction prescribed by s.24(2) of the Act have been met.
The Claimant gave sworn evidence to the Court. She testified as to the hours which she worked and the pay that she received during the currency of her employment . The Claimant told the Court that her evidence was based on records which she maintained over the course of her employment. These records show an underpayment by reference to the national minimum wage in being during the period of €5,933.20
The Respondent, which was legally represented at the hearing, offered no evidence.
On the uncontested evidence of the Claimant the Court is satisfied that the Claimant is entitled to recover arrears of wages in the amount claimed, namely €5,933.20. It is the determination of the Court that the Respondent herein pay to the Claimant arrears in that amount.
The Court further determines that the Respondent pay to the Claimant the sum of €567 in respect of reasonable expenses incurred in the brining of this complaint.
The appeal is allowed. The decision of the Rights Commissioner is set aside and substituted with the terms of this determination.
Signed on behalf of the Labour Court
Kevin Duffy
15th February,2010______________________
DNChairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.