SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000
- AND -
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Appeal against Rights Commissioner's Recommendation MW2897/00/GF.
2. The appeal concerns a claim by the employee who was employed by the Company as a receptionist/administrator, from April, 2000, to August, 2000, for payment of the Minimum Wage. Since the Minimum Wage Act came into being her employer underpaid her for a period of 20 weeks.
The dispute was referred to a Rights Commissioner for investigation. His decision issued on the 5th of January, 2001, as follows:-
"Findings and Decision
In the absence of the employer. Wages Books etc... I decide the complaint is well founded and I award the claimant the sum of £240 (304.74 Euro) wages and £40 (50.79 Euro) expenses."
The worker appealed the Decision to the Labour Court on the 20th of February, 2001. The Court heard the appeal on the 28th of November, 2001, in accordance with Section 27(1) of the National Minimum Wage Act, 2000. The employer did not attend at the hearing.
The employer did not attend the hearing, consequently the only information before the Court was that supplied by the claimant.
The claimant appealed the Rights Commissioner's decision on the basis that the calculation of the amount of entitlement as awarded was incorrect.
The Court, having received copies of her salary slips, is satisfied that her appeal is well founded and consequently amends the Rights Commissioner's decision to read £520 (660.26 Euro) and £40 (50.79 Euro) expenses.
The Court upholds the appeal.
Signed on behalf of the Labour Court
6th December, 2001______________________
Enquiries concerning this Determination should be addressed to Helena McDermott, Court Secretary.