INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000
THE CITY BIN COMPANY LTD
- AND -
MR THOMAS KWIATKOWSKI
Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Appeal of Rights Commissioner Decision No: r-113316-mw-11/EH
2. This case is an appeal by the worker of Rights Commissioner Decision No: r-113316-mw-11/EH. The issue concerns the workers claim that he was paid less than the National Minimum Wage when the number of hours he worked per week were taken into account. The dispute was referred to a Rights Commissioner for investigation. The Rights Commissioner's Decision issued on the 6th December 2011. The Rights Commissioner decided that he did not have jurisdiction to hear the complaint as the worker had not sought a statement of his average earnings in respect of the relevant reference period in compliance with the Act. On the 17th January 2012, the worker appealed the Rights Commissioner's Decision to the Labour Court in accordance with Section 27(1) of the National Minimum Wage Act, 2000. A Labour Court hearing took place on 12th April, 2012.
The worker was notified of the date and time of the hearing but failed to attend.
The following is the Court's Determination:
This is an appeal by Mr Thomas Kwiatkowski of a Rights Commissioner’s Decision dated 6thDecember 2011 under the National Minimum Wage Act 2000, in which the Rights Commissioner found that as Mr Kwiatkowski had failed to request a statement of his earnings in accordance with the requirement under Section 23 then he had no jurisdiction to deal with the claim.
The Appellant failed to attend the appeal hearing before the Court to move the appeal. The Respondent was present at the hearing of the appeal.
Therefore, the Court determines that the appeal fails for lack of prosecution and the Rights Commissioner’s Decision stands.
The Court so determines.
Signed on behalf of the Labour Court
25th April 2012______________________
Enquiries concerning this Determination should be addressed to Andrew Heavey, Court Secretary.