FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : FOUR STAR PIZZA - AND - WAQAR SAEED KHAN DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Appeal against a Rights Commissioner’s Decision No.R-092666-MW-10/DI.
BACKGROUND:
2. The Worker concerned was employed as a Pizza Delivery Driver by the Company from 25th June 2009 to 3rd September 2009 when he was dismissed.
The Worker contends that he was paid €5.00 per hour plus a €1.50 per delivery during this time. He also carried out a range of other duties in the restaurant.
The Worker referred a claim to a Rights Commissioner for the minimum wage of €8.65 per hour for the period of his employment.
The Company did not attend the Rights Commissioner's hearing and the Rights Commissioner found that there was a shortfall between what the Worker was paid and what he should have earned had he been paid the minimum wage which amounted to €992.75. He awarded the Worker the sum of €1,250, the award included compensation for the shortfall in wages with the balance being expenses relating to the presentation and prosecution of his complaint.
The Company appealed the decision of the Rights Commissioner to the Labour Court on the 14th Janury 2011, in accordance with Section 27(1) of the National Minimum wage Act, 2000.
A Labour Court hearing took place on the 28th June 2011.
The Company did not attend the hearing.
DETERMINATION:
The Respondent, Four Star Pizza Kilmainham, appealed the decision of the Rights Commissioner to the Labour Court pursuant to Section 27(1) of the Minimum wage Act, 2000.
The Respondent did not attend the Labour Court to move the appeal.
Accordingly the appeal was struck out for want of prosecution.
The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
29th June 2011______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.