FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 31(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : JENNIFER ANN SARSFIELD T/A ALL COMMUNICARERS NURSING AGENCY (REPRESENTED BY THE BLACKHEATH PARTNERSHIP BUSINESS ADVISORY) - AND - SYLVIA MADAU (REPRESENTED BY MIGRANT RIGHTS CENTRE IRELAND) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Complaint that a Rights Commissioner’s Decision has not been implemented R-086240-mw-09/JC
BACKGROUND:
2. The Worker referred her case to the Labour Court on the 22nd October, 2010, in accordance with Section 31(1) of the National Minimum Wage Act, 2000.
DETERMINATION:
A complaint having been received under the National Minimum Wage Act, 2000, by Ms. Sylvia Mudau, Ground Floor, Flat 2, 4 Charleville Avenue, North Strand, Dublin 3,that her employer, Jennifer Ann Sarsfield t/a All Communicarers Nursing Agency, Swallow Cottage, 18 The Hole in the Wall Road, Balgriffin, Dublin 13, failed to implement a decision of a Rights Commissioner r-086240-mw-09/JC, dated 5th May, 2010
And the said decision not having been carried out by the employer, and no appeal having been brought against the said decision within the time limit for such appeal,
The Court hereby determines that the said employer pay to the said complainant €1,066.00 in settlement of her claim under the National Minimum Wage Act, 2000, in relation to the underpayment of wages.
Signed on behalf of the Labour Court
Caroline Jenkinson
24th November 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to David P Noonan, Court Secretary.