FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : GEORGE FRAYNE (REPRESENTED BY MARTIN CALLANAN & COMPANY SOLICITORS) - AND - DEREK DUNNE (REPRESENTED BY CITIZENS INFORMATION CENTRE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of Decision of A Rights Commissioner R-079500-MW-09/JW
BACKGROUND:
2. The Claimant was employed by the Company from 12th September, 2005 until 23rd December, 2008. His claim is that he was not paid the National Minimum Wage during the time of his employment. A Rights Commissioner hearing took place on the 28th September, 2009. The Employer did not attend and was not represented.
The Rights Commissioners Decision is as follows:
"Based on the uncontested evidence presented at the hearing, I find that the complaint is well-founded. I order the employer to pay the complainant the sum of €5561 in compensation for breaches of the Act.
This sum must be paid within 6 weeks of the date of this decision".
The Employer appealed the Decision to the Labour Court on the 22nd December, 2009, in accordance with Section 27(1) of the National Minimum Wage Act, 2000. A Labour Court hearing took place on the 6th May 2010.
DETERMINATION:
This matter came before the Court by way of an appeal by George Frayne against the decision of a Rights Commissioner in a claim taken against him by Mr Derek Dunne under the National Minimum Wage Act 2000. The Rights Commissioner had awarded the Claimant arrears of pay under the Act in the amount of €5,561.
At the hearing of the appeal Counsel for Mr Frayne informed the Court that the only issue between the parties was the quantum of arrears due. Counsel produced a schedule of arrears showing the amount of arrears due to Mr Dunne at €4,777.50. Mr Dunne informed the Court that he was prepared to accept that figure. He requested that the Court make an Order in that amount. Counsel for Mr Frayne did not oppose the making of an Order in the terms requested.
It is the Determination of the Court that the Appellant herein pay to the Claimant, Mr Derek Dunne, arrears of wages due under the Minimum Wage Act 2000 in the amount of €4,777.50 in respect of the years 2005, 2006, 2007 and 2008.
The decision of the Rights Commissioner is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
12th May 2010______________________
SCChairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.