INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 27(1), NATIONAL MINIMUM WAGE ACT, 2000
TANSEY TRANSPORT LIMITED
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LTD)
- AND -
(REPRESENTED BY RICHARD GROGAN & ASSOCIATES, SOLICITORS)
Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr Shanahan
1. Appeals of a Decision of a Rights Commissioner r-118863-mw-12/DI.
2. The Worker and the Employer appealed the Decision of the Rights Commissioner to the Labour Court on the 19th November, 2012 and the 24th December, 2012 respectively in accordance with Section 27(1) of the National Minimum Wage Act, 2000. Three Labour Court hearings took place on the 23rd April 2013, 25th June 2013 and on the 7th February 2014. The following is the Determination of the Court.
These are appeals by Mr Robert Sauter (“the Complainant”) and Tansey Transport Limited ("the Respondent") under the National Minimum Wage Act 2000 (the Act) against a Decision of the Rights Commissioner bearing the number r-118863-mw-12/DI.The Rights Commissioner decided that the Respondent contravened the Act in respect of the Complainant. He required the Respondent to pay the Complainant arrears of €7,000 under the Act.
Both the Complainant and the Respondent appealed against that Decision to this Court. The Complainant subsequently withdrew his appeal.
The case, together with a related complaint under the Organisation of Working Time Act came on for hearing before this Court on the 23rdApril 2013. At the request of the Respondent, the Court adjourned the case to the 25thJune 2013. The matter was further adjourned to allow the parties make further submissions. The case came before the Court again on 7th February 2014.
The Respondent Company operates a national and international haulage business. The Respondent employed the Complainant as a driver from the 17thApril 2007 until the 27thSeptember 2011. There is a dispute between the parties as to whether the Complainant’s employment had been continuous over that period. The Complainant claimed that it had been. The Respondent claimed that it had been interrupted between 1st July and 31th July 2011. The Complainant was paid €850 gross, based on a 90-hour fortnight and in addition received a subsistence allowance of €250.
When the case came before the Court on 7th February 2014 the Complainant did not attend the hearing. He notified the Court that he was due to travel for the hearing from Poland on 5th February 2014 but missed his flight. He made no further contact with his Solicitor or with the Court to explain why he was not in a position to attend the hearing on 7th February. The Complainant was aware that his presence in Court on that day was required in order for him to give evidence in support of the complaint he submitted to the Rights Commissioner. He had requested the Court to supply a translator to enable him to give his evidence. The Court had made the arrangements requested.
The Respondent moved its appeal and as no evidence of a breach of the Act was presented by the Complainant the Court must allow the appeal and set aside the Decision of the Rights Commissioner.
The Decision of the Rights is set aside. The appeal is allowed. The Court so determines.
Signed on behalf of the Labour Court
17th February, 2014.Deputy Chairman
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.