MWD264

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00039132 (CA-00050879-002)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 7^th March 2024 in accordance with Section 44 of the Workplace Relations Act, 2015. A Labour Court hearing took place on 24^th February 2026.

The following is the Decision of the Court.

DECISION:

This is an appeal by Denis Collins (the Complainant) against an Adjudication Officer’s Decision ADJ-00039132 CA-00050879-002 given under National Minimum Wage Act 2000 (the Act) in a claim against his then employer Callan Golf Club (the Respondent) that he was not paid the minimum wage.  The Adjudication Officer found that he did not have standing to take the claim

1 Preliminary issue

The Act sets out the following

Disputes about entitlement to minimum hourly rate of pay.

24.—  (1) For the purposes of this section, a dispute between an employee and his or her employer as to the employee ’s entitlements under this Act exists where the employee and his or her employer cannot agree on the appropriate entitlement of the employee to pay in accordance with this Act resulting in an alleged underpayment to the employee. 

(2)  The Director General of the Workplace Relations Commission shall not entertain a dispute in relation to an employee ’ s entitlements under this Act and, accordingly, shall not refer the dispute to an adjudication officer under section 41 of the Workplace Relations Act 2015 

( a) unless the employee—

(i) has obtained under section 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,

The Complainant in his sworn evidence confirmed to the Court that he had not requested nor obtained a statement under section 23 of the Act.

2 Determination

As the Complainant had not sought or obtained a statement under section 23 of the Act, the Court does not have jurisdiction to hear the Complaint and therefore the appeal must fail.

The decision of the Adjudication Officer is upheld. The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AM	______________________
12/05/2026	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Áine Maunsell, Court Secretary.