Background:
The Complainant provided evidence for several workplace grievances. Firstly, the Complainant testified that he worked 92 Sundays without receiving the premium pay mandated for Sunday work. He referenced the Labour Court ruling in Viking Security Limited v. Tomas Valentin, arguing for time plus one-third compensation. Further, the Complainant worked on public holidays, including Saint Patrick’s Day and Easter Monday, without additional pay. The Complainant stated he did not receive leave for 2020 or 2021, as instructed to carry it over. He took leave from October to December 2022 but was not paid. In addition, the Complainant claimed he rarely received weekly rest periods, working consecutive days over extended periods, violating Directive 93/104/EC. Tied to that, he provided evidence of working an average of 70 hours weekly. Lastly, the Complainant demonstrated his pay was below the minimum wage, supported by correspondence showing a Section 23 statement request. He sought redress based on Labour Court rulings, including the Sue Ryder Foundation Ireland Ltd v. Maureen Meenagh, to recover arrears for the entire disputed period.

In response to the claims, the Respondent testified that the Complainant was never scheduled to work Sundays, as his normal working days were Tuesday to Saturday, and his salary of €30,000 included the Sunday premium (CA-00061592-001). Regarding public holidays, they stated that the Complainant did not work on Mondays, which included public holidays. As for annual leave, they acknowledged the Complainant’s leave in October 2022, explaining that due to insufficient company funds, €4,490 was paid in cash and lodged later. Concerning rest periods, the Respondent asserted the Complainant received weekly breaks but did not provide records and also denied the claim of a 70-hour work week, stating the Complainant worked 39 hours as per his contract. Lastly, they maintained that the Complainant’s annual salary met minimum wage requirements for a 39-hour work week.

Finding:
The Adjudicating Officer found it is essential to establish if the Complainant satisfied the legal test under Section 41(8) of the Workplace Relations Act 2015, which allows for an extension in cases where a complaint is lodged after the six-month time limit but within an additional six months, provided there is "reasonable cause" for the delay. The Labour Court's decision in Cementation Skanska v Carroll outlines that the delay must be both explained and excused by a cause that is objective, reasonable, and causally linked to the failure to submit the complaint within the statutory timeframe. The Complainant, a Nepalese worker, provided credible evidence of his dependency on the Respondent for his visa, accommodation, and employment, exacerbated by his rural location during the COVID-19 pandemic and housing shortages. The Complainant's total reliance on the Respondent, who exploited his vulnerability, constituted reasonable cause for the extension of time. The fact that the complaint was lodged immediately following his legal consultation, without further delay, supports the fairness of granting the extension. The Respondent raised no objections to this extension, further justifying the decision to allow the Complaint to proceed.

The Complainant's claim for underpayment under the National Minimum Wage Act 2000 was found to be well-founded. The Complainant worked a normal 70-hour week for 22.5 weeks from February 2023 to February 2024, earning €576.92 weekly, which equated to €8.24 per hour—significantly lower than the minimum wage of €11.30. As a result, the Respondent was ordered to pay the Complainant €3,244.50 in arrears. Additionally, €1,000 was awarded for reasonable expenses related to the dispute. Furthermore, compensation was awarded for various breaches of employment law: €1,633.39 for Sunday premiums, €562 for public holidays, €4,538.80 for annual leave, €6,655.50 for weekly rest periods, and €5,496.75 for exceeding the maximum working week. These awards were based on relevant sections of the National Minimum Wage Act 2000 and the Organisation of Working Time Act 1997.

Practical Guidance for Employers:

Employers should:

• Ensure compliance with National Minimum Wage regulations, paying employees at least the statutory minimum.
• Pay appropriate premiums for Sunday and public holiday work, in line with the Organisation of Working Time Act 1997
• Maintain accurate records of hours worked, especially for Sunday and holiday shifts.
• Ensure employees receive their entitled rest periods and weekly breaks.
• Properly document and pay for annual leave to avoid disputes.
• Handle wage-related grievances promptly to avoid legal action.
• Provide clear, transparent employment contracts and ensure all statutory obligations are met regarding working hours and wages.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/september/adj-00050788.html