FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : ROBEPLAN FITTED FURNITURE LIMITED (IN LIQUIDATION) - AND - JAKUB RACZYK (REPRESENTED BY POLISH CONSULTANCY ENTERPRISE) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision r-118501-mw-11.
BACKGROUND:
2. The Worker referred an appeal against the Decision of the Rights Commissioner to the Labour Court on the 22nd November, 2012 in accordance with Section 27(1) of the National Minimum Wage Act, 2000. A Labour Court hearing took place on the 22nd February, 2013 and the 29th November, 2013.
DETERMINATION:
This is an appeal by Jakub Raczyk (the Claimant) against the Decision of a Rights Commissioner in his claim against his former employer, Robeplan Fitted Furniture Limited (in Liquidation), under the National Minimum Wage Act 2000.
The Claimant was employed between 11thJune 2010 and 25thJune 2011. He was paid a basic wage of €350 per week. He contends that he worked 50 hours per week on average over the course of his employment. In 2011 he was paid an additional €150 per week which appears to have been in respect of the additional hours worked. His present claim relates to 26 weeks in 2010 and 8 weeks in 2011 on which he did not receive this additional €150 per week. The total amount claimed in respect of arrears, having regard to the amount of the minimum wage at the times in question is, €2405.
Records were produced to the Court which show that the Claimant was at work on average for the hours claimed. However, in making these calculation no account was taken of meal breaks. The Court believes that in all probability he received a 30-minute unpaid meal break per day. Accordingly the Court has adjusted the claim to reflect this.
Having made the necessary adjustments the Court calculates that the Claimant is due arrears of wages in the amount of €1,689.75 in respect of 26 weeks in 2010 and 8 weeks in 2011 when he was paid less than the minimum rate of pay as prescribed by the Act.
Determination
The Court allows the appeal and awards the Claimant arrears of pay in the amount of €1,689.75.
Signed on behalf of the Labour Court
Kevin Duffy
9th December, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.