FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000 PARTIES : A.T.R. TRUCK RENTAL LIMITED - AND - MR THOMAS JUSTIN (REPRESENTED BY RICHARD GROGAN & ASSOCIATES SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision R-122639-MW-12/SR.
BACKGROUND:
2. The case before the Court concerns the Worker's appeal of Rights Commissioner's Decision R-122639-MW-12/SR. On the 2nd November, 2012, the Rights Commissioner issued his decision as follows:
"I declare that the complaint is not well founded it is rejected and it is not upheld"
On the 26th November 2012, 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. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Mr Justin Thomas (the Claimant) against the decision of a Rights Commissioner in his claim against ATR Truck Rentals Limited (the Respondent) under the National Minimum Wage Act 2000 (the Act).
The Rights Commissioner found that the Respondent has not contravened the Act in relation to the Claimant. At the hearing of the appeal the Court received extensive documentation from the parties and it heard submissions and evidence on the Claimant rate of pay and hours of work.
Having regard to all of the information before it the Court has reached the conclusion that the findings of the Rights Commissioner are correct and the Claimant has not been underpaid by reference to the national minimum wage.
Determination
The decision of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
4th June 2014______________________
SCChairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.