Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.
Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.
Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.
Background:
The Complainant was a third-level student who was hired by the Respondent to work as a bartender on a part-time basis. The terms of employment between the parties were not formalised and the Complainant said she was not given a contract of employment, although the Respondent produced one at the hearing. The Complainant alleged the hourly rate she agreed prior to employment was €12.00 per hour, but that upon reviewing her payslips she discovered she was only being paid €11.00 per hour. The Complainant says she raised this issue with her line manager, but the shortfall was not addressed. The Complainant also alleged she was given fewer shifts after raising the issue and was penalised due to raising the issue, culminating in being removed from the workplace WhatsApp group without explanation, where all rosters were published. Revenue was advised that the Complainant was no longer an employee of the Respondent company on 29th May 2022, and the Complainant received a payment for holiday pay in lieu that same day.
Outcome:
The Adjudication Officer was satisfied that the Complainant was paid €1.00 less than what she should have been getting paid for every hour that she worked in the Respondent’s premises. The Adjudication Officer also found that the Complainant was engaged as a bartender for more than 13 weeks and as a result was entitled to one week’s pay in lieu of notice, calculated on the basis of the 15-hour week the Complainant had worked prior to raising the reduced hourly rate.
Practical Guidance for Employers:
All employees, even casual, part-time workers who are supplementing their income or for whom employment is not their primary occupation, must be provided all the necessary rights and entitlements of full-time employees for whom work is their primary occupation. Payment of Wages claims succeed even on the basis of a mutually-understood rate of pay that has not been committed to writing in a contract of employment as long as the Adjudication Officer believes such a payment is “properly payable.”
The full case is here:
https://www.workplacerelations.ie/en/cases/2023/june/adj-00040338.html
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