MWD153

The Claimant (Debora Reibeiro) brought a claim under the National Minimum Wage Act 2000 (the Act) against her former employer Barbara Scanlon (the Respondent). Neither the Claimant nor the Respondent attended the hearing before the Rights Commissioner. In these circumstances the claim was struck out for want of prosecution. The Claimant then appealed to this Court.

The Claimant attended the hearing of the appeal. The Respondent did not attend and was not represented.

At the commencement of the hearing of the Claimant confirmed to the Court that she had not sought a statement from the Respondent of the type referred to at section 23 of the Act. Section 24(2)(a) of the Act provides: -

(2) A dispute cannot be referred to or dealt with by a rights commissioner—

• 
  (a) unless the employee—
  • (i) has obtained undersection 23a statement of his or her average hourly rate of pay in respect of the relevant pay reference period, or

    (ii) having requested the statement, has not been provided with it within the time limited by that section for the employer to supply the information,

    and a period of 6 months (or such longer period, not exceeding 12 months, as the rights commissioner may allow) has not elapsed since that statement was obtained or time elapsed, as the case may be,