ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002633

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000	CA-00001871-001	11/01/2016

Date of Adjudication Hearing: 21/06/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or section 24 of the National Minimum Wage Act, 2000 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

I, the Complainant, am lodging this complaint under National Minimum Wage Act 2000 since Complainant had to sign new Irish contract with downgraded pay rate condition of employment under the time pressure, Complainant was not able to earn minimum national wage under National Minimum Wage Act 2000 during the time period since 16th February 2012 until 7th April 2013.Also Complainant requesting the Irish Authority to extend time allowance for lodging a complaint since Complainant had believed in relevant time that the Irish Authority would engage and adjust a Complainant’s case EE/2012/505 and an appeal ADE/15/27 about claiming of minimum wage under National Minimum Wage Act 2000. But there has been taken no steps to investigate in Complainant´s claiming of minimum wage under National Minimum Wage Act 2000 so far.

Respondent’s Submission and Presentation:

The Complainant last worked for the Respondent on the 7^th April 2013.

Much of what is being advanced in this claim has already been the subject of an Equality case – EE/2012/505 and was the subject of an Appeal to the Labour Court in January 2016. The Appeal was not upheld.

Section 23 of the National Minimum Wage Act, 2000 provides that an employee is entitled to request from his employer a written statement of the employee’s average hourly pay for any pay reference period falling within a 12 month period immediately preceding the request.

As the Complainant has not worked for the Respondent since April 2013 he can not have a relevant reference period for the purposed of a claim lodged in January 2016.

Accordingly Section 24 of the National Minimum Wage Act, 2000 cannot apply.

In addition there is no basis for the Complainant to show reasonable cause for the delay which would allow an Adjudication Officer to deem that Section 41(7) of the Workplace Relations Act, 2015 could apply. I.e. to grant an extension of time from 6 months to 12 months to lodge the claim.

Put simply the claim dated the 19^th January 2016 is completely out of time.

Decision:

Section 41(4) of the Workplace Relations Act and or Section 24 of the 2015 National Minimum Wage Act, 2000 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under the Acts cited.

Issues for Decision:

Has the Complainant a valid claim under the National Minimum Wage Act, 2000. ?

Legislation involved and requirements of legislation:

National Minimum Wage Act, 2000 and Workplace Relations Act, 2015. Time limit provisions.

Decision:

The claim was lodged on the 19^th January 2016. The last date of employment of the Complainant with the Respondent was the 7^th April 2013.

Under the provisions and requirements of Section 24 of the National Minimum Wage Act, 2000 and Section 41(7) of the Employee Relations Act ,2015 the claim is out of time.

It is accordingly not well founded and is dismissed.

Dated: 6^th September 2016