FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : CAR PARK SECURITY LIMITED IN LIQUIDATION (REPRESENTED BY RUSSELL AND COMPANY) - AND - PAVEL COJOCARU DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. An appeal of a Rights Commissioner's Decision no: r-137345-mw-13/JW.
BACKGROUND:
2. This case is an appeal by the Worker of Rights Commissioner Decision No: r-137345-mw-13/JW. The Rights Commissioner in his Decision of the 2nd October 2014 found that the Worker was entitled to compensation from 1st January 2010 to 4th March 2012. On the 6th October 2014, the Worker appealed the Rights Commissioner's Decision to the Labour Court in accordance with Section 27(1) of the National Minimum Wage Act, 2000. A Labour Court hearing took place on 2nd December 2014.
The following is the Court's Determination:
DETERMINATION:
The Complainant in this case is appealing under section 27(1) Minimum Wage Act 2000 (the Act), against Rights Commissioner Decision No r-137345-mw-13/JW. The Rights Commissioner found that, contrary to section 14(1) of the Act, his employer, Car Park Security Limited (In Liquidation) (the Respondent) paid him less than the minimum hourly rate of pay determined by the Minister in accordance with the provisions of the Act.
The Rights Commissioner awarded the Complainant compensation for the infringements of the Act that occurred between 1 January 2010 and 4 March 2012. In fact the Complainant was made redundant on 4 March 2013. He argued that he was entitled to be compensated for the infringements that occurred between 5 March 2012 and 4 March 2013.
The Liquidator neither attended the Hearing nor otherwise made submissions to the Court.
Determination
Based on the uncontested evidence of the complainant, the Court determines that the complaint is well founded. The Court orders the Respondent to pay the Complainant arrears due to him under the Act in the sum of €2271.36. The Decision of the Rights Commissioner is varied accordingly. The Court so determines.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
5th December, 2014.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.