SECTION 27 (1), NATIONAL MINIMUM WAGE ACT, 2000 AND 2015
(REPRESENTED BY MCINNES DUNNE SOLICITORS)
- AND -
MR WILLIAM QUICK
(REPRESENTED BY MR WILLIAM QUICK)
1.Appeal of Adjudication Officer Decision No(S). ADJ-00020515 CA-00027030-001, CA-00027052-001
The Respondent raised a number of matters which were described as preliminary to the substantive matter including whether the Respondent was wrongly named, whether the Complainant was an employee within the meaning of the Act and whether the Court held jurisdiction in the matter arising from the Complainant’s failure to request a statement in writing of his average hourly rate of pay in respect of the relevant pay reference period as provided for in the Act at Section 23.
The Court decided to consider its jurisdiction arising from the provisions of the Act at Section 24(2) as a preliminary matter.
Position of the Complainant on the preliminary matter.
The Complainant submitted that while he did not seek a statement as provided for under Section 23 of the Act, he did have a contract of employment dating from the commencement of his employment which stated his rate of pay.
Position of the Respondent on the preliminary matter
The Respondent submitted that the Complainant did not make a request for a statement as provided for in Section 23 of the Act and that the agreement dating from August 2018 was not a contract of employment and in any event could not be found to amount to a written statement as described in the Act at Section 23.
Section 23 of the Act provides in relevant part as follows:
Decision of the Court
Having regard to the provisions of the Act at Section 24(2) and noting that the Complainant has not sought or received a statement under Section 23; the Court concludes that it must decline jurisdiction in this matter.
The decision of the Adjudication Officer is affirmed.
The Court so decides.
Enquiries concerning this Determination should be addressed to Noel Jordan, Court Secretary.