FULL RECOMMENDATION
SECTION 27 (1), NATIONAL MINIMUM WAGE ACT, 2000 AND 2015 PARTIES : HANNIGAN BUTCHERS LIMITED - AND - JERKO ANDERS HRESIC BERNAK (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Geraghty Employer Member: Ms Doyle Worker Member: Mr Hall |
1. Appeal of Adjudication Officer Decision No. ADJ-00011256.
BACKGROUND:
2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 27 November 2018. A Labour Court hearing took place on 27 February 2019. The following is the Determination of the Court:-
DETERMINATION:
The Complainant worked for the Respondent Company for 6 years. The Complainant asserted that he did not receive his annual leave entitlements under the Minimum Notice and Terms of Employment Act 1973. He also claimed that he was not permitted to work his notice and, had he done so, he would have accrued 1.8 days’ holidays. The cases were referred to the Workplace Relations Commission. The Respondent Company did not turn up for the hearing before the Adjudication Officer, who found in the Complainant’s favour on both matters. However, the Complainant’s pay slips and the returns to the Office of the Revenue Commissioners showed a weekly wage of €240 per week, whereas the Complainant stated his earnings at €600 per week. The Adjudication Officer found that the Complainant was entitled to 4 weeks’ notice based on €240 per week.
The Complainant appealed the quantum on the basis that his actual earnings were €600 per week.
The Adjudication Officer upheld the claim regarding accrued leave but made no award under the ‘de minimus’rule having also ruled that a payment was due to the Complainant under the Organisation of Working Time Act for the failure of the Respondent to grant the Complainant his legal entitlements to annual leave.
This was appealed by the Complainant.
The Respondent did not attend the Court hearing.
Issue at hearing
The Complainant was unable to produce evidence to the Court that his earnings were as claimed. He argued, therefore, as an alternative, that based on the applicable national minimum hourly wage in the period concerned, he had, as a legal minimum, an entitlement to the hourly rate of €9.15 per hour x 57.5 hours as his weekly wage, which equals €526.15 per week.
Deliberation
As the Complainant has made no case under the National Minimum Wage Act, the Court is not in a position to explore any arguments regarding his entitlements under that Act.
Determination
The Court has no jurisdiction as the matter was not heard at adjudication.
Signed on behalf of the Labour Court
Tom Geraghty
LS______________________
1 April 2019Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.