Complainant

Respondent

Parties

Olaf  Dauter

Beatrice Steiner T/A Beebolt Racing T/A Beebolt Racing Syndicate  

Representatives

Self-represented

Self-Represented

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000

CA-00072055-001

31/05/2025

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant undertook to give his evidence under affirmation while the respondent and another witness undertook to give their evidence under oath.

The hearing took place with the assistance of an interpreter provided by the WRC.

The complainant took a complaint under the National Minimum wage legislation regarding his employment with the respondent.  He submitted that he was paid €7000 for the period from 7 February to 30 May 2025.  He submitted that there were still wages outstanding.

The complainant confirmed that he did not seek a statement under Section 23 of the Act in writing from his employer.

The respondent submitted that the complainant was not an employee.  It was submitted that the respondent paid the complainant €500 per week for the duration of his stay with them for humanitarian reasons but that no employment relationship existed.  She submitted that the arrangement was simply a ‘work for accommodation’ arrangement.

Having regard to the written submissions of the parties, both parties are in agreement that the respondent paid the complainant €500 weekly for the period from 7 February to 30 May 2025.  The complainant undertook tasks for the respondent.  The complainant was registered as a kennelhand  with Rasaiocht Con Eireann/Greyhound Racing Ireland on behalf of the respondent.  Although the respondent indicated that there was no employment relationship in place, on the basis of a weekly payment of €500, the work undertaken for the respondent - which was not disputed, and the registration of the complainant as a kennelhand at her place of business, I am satisfied that the complainant was an employee of the respondent.

Section 24 of the National Minimum Wage Act requires an employee to seek a statement in writing from the employer before the Workplace Relations Commission can validly entertain a complaint under that Act.  Section 24 (1) & (2) state as follows:

(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 23 a 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,

or

(b) where, in respect of the same alleged under-payment, the employer is or has been—

(i) the subject of investigation by an inspector under section 33 or 34, or

(ii) prosecuted for an offence under section 35.

Section 23 of the Act requires a statement be requested in writing.  It states:

(1) Subject to subsection (2), an employee may request from his or her employer a written statement of the employee’s average hourly rate of pay for any pay reference period (other than the employee’s current pay reference period) falling within the 12-month period immediately preceding the request.

(2) An employee shall not make a request under subsection (1) in respect of any pay reference period during which the hourly rate of pay of the employee was on average not less than 150 per cent calculated in accordance with section 20, or such other percentage as may be prescribed, of the national minimum hourly rate of pay or where the request would be frivolous or vexatious.

(3) A request under subsection (1) shall be in writing and identify the pay reference period or periods to which it relates.

(4) The employer shall, within 4 weeks after receiving the employee’s request, give to the employee a statement in writing setting out in relation to the pay reference period or periods—

(a) details of reckonable pay components (including the value of all forms of remuneration) paid or allowed to the employee in accordance with Part 1 of Schedule 1,

(b) the working hours of the employee calculated in accordance with section 8,

(c) the average hourly pay (including the value of forms of remuneration other than cash payments) actually paid or allowed to the employee, as determined in accordance with section 20, and

(d) the minimum hourly rate of pay to which the employee is entitled in accordance with this Act.

(5) A statement under subsection (4) shall be signed and dated by or on behalf of the employer and a copy shall be kept by the employer for a period of 15 months beginning on the date on which the statement was given to the employee.

(6) An employer who, without reasonable excuse, fails to comply with this section or a request under this section, or who provides false or misleading information to an employee in a statement under subsection (4) knowing it to be false or misleading, shall be guilty of an offence and be liable on summary conviction to a fine not exceeding £1,500.

The complainant confirmed in evidence at the hearing that he did not seek a statement under Section 23 of the Act in writing.  This statement is required to be sought in writing before the WRC can entertain a complaint under the Act.  I find that this statement in writing was not sought in this case.  Therefore, in accordance with Section 24 (2) of the Act, I conclude that I am not permitted to entertain a dispute in relation to the complainant’s entitlements under the Act.

Having regard to all the written and oral evidence submitted in relation to this complaint, my decision is that although the complainant is an employee of the respondent, I am precluded from entertaining a complaint under the National Minimum Wage Act having regard to Section 24(2) of the Act.

National Minimum Wage – no statement sought in writing under Section 23 – WRC shall not entertain a complaint under the Act