Page 52 - Workplace Relations Guide to Employment Law

of appeal by either party to the Labour Court An employee may also request an inspector
from a decision of a WRC Adjudication Officer. of the Workplace Relations Commission to
investigate an allegation that an employer
An employee cannot refer a dispute to has failed to pay the hourly rates of pay
the Workplace Relations Commission for prescribed under the National Minimum
adjudication by an Adjudication Officer in Wage Acts 2000 and 2015. The complaint
relation to entitlements under the National form available on www.workplacerelations.ie
Minimum Wage Acts 2000 and 2015 unless may also be used to present such a request.
the employee has written to the employer However, an employee may not refer a
requesting a written statement of his/her dispute for adjudication by an Adjudication
average hourly rate of pay from the employer, Officer and also request an inspector to
in relation to a specific pay reference period investigate the same alleged under-payment
or periods that are the subject of the dispute, of the employee’s statutory minimum hourly
and has either obtained that statement, rate of pay entitlement.
or waited for the 4 weeks to elapse during
which the employer is permitted to respond Section 4 of the Payment of Wages Act
to the employee’s request. 1991 provides that an employer must give
employees a written statement of gross
Where a WRC inspector is satisfied that an wages (payslip) itemising each deduction.
illegal deduction from wages has occurred, Where a WRC inspector has reasonable
contrary to Section 5 of the Payment of grounds for believing that the offence of
Wages Act 1991, he/she may, in accordance failing to provide such a statement has
with Section 28 of the Workplace Relations occurred, he/she may serve a Fixed Payment
Act 2015, issue a Compliance Notice on the Notice on that employer in accordance
employer setting out the compliance actions with Section 36 of the Workplace Relations
to be taken by a specified date. An employer Act 2015. If the employer pays the charge
may, not later than 42 days of the service of specified on the Notice the matter does not
the notice, appeal that notice to the Labour proceed to Court. However, if the person fails
Court. Failure to comply with a Compliance or refuses to pay the charge the matter can
Notice is an offence. be progressed to the District Court where the
defendant can defend their position in the
Section 23 of the National Minimum Wage normal way.
Act 2000 provides for the offence of failure
to comply with a request for a written
statement of the employee’s average hourly Additional Information
rate of pay. Where a WRC inspector has
reasonable grounds for believing that such See the Explanatory Booklets on the
an offence has occurred, he/she may serve Payment of Wages Act 1991 and the National
a Fixed Payment Notice on that employer in Minimum Wage Acts, copies of which are
accordance with Section 36 of the Workplace available on request, or downloadable from
Relations Act 2015. If the employer pays the www.workplacerelations.ie.
charge specified on the Notice the matter
does not proceed to Court. However, if the
person fails or refuses to pay the charge
the matter can be progressed to the District
Court where the defendant can defend their
position in the normal way.

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