Macrea's Takeaway Ltd v Mr Ioan Alin Andrei (Represented by Mr Marius Marosan)

• Jurisdiction: Ireland
• Judgment Date: 07 January 2020
• Judgment citation (vLex): [2020] 1 JIEC 0708
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.MWD201 ADJ-00014867 CA-00019331-006
• Date: 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

Macrea's Takeaway Limited

and

Mr Ioan Alin Andrei (Represented by Mr Marius Marosan)

FULL RECOMMENDATION

MWA/19/1

DETERMINATION NO.MWD201

ADJ-00014867 CA-00019331-006

Labour Court

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Marie

Worker Member: Mr McCarthy

SECTION 27 (1), NATIONAL MINIMUM WAGE ACT, 2000 AND 2015

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No(S). ADJ-00014867 CA-00019331-006.

BACKGROUND:

2 2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court under the National Minimum Wage Act, 2000 on 7 March 2019. A Labour Court hearing took place on 11 December 2019. The Employer was not in attendance. The following is the Court's Determination:-

DETERMINATION:

3 This is an appeal by Ioan Alin Andrei (the Complainant) against an Adjudication Officer's Decision ADJ-00014867 given under the National Minimum Wage Act 2000 (the Act) in a complaint that Macrea's Takeaway Limited t/a Macari's (The Respondent) were in breach of the Act in that he was not paid the minimum wage. The Adjudication officer held that the complaint was not well founded.

Background

4 The Complainant was employed by the Respondent as a Counter Assistant from 29 ^th June 2017 until his resignation on the 15 ^th February 2018. The Complainant lodged a number of claims under various pieces of legislation with the Workplace Relations Commissions (WRC) on the 21st May 2018. The Adjudication Officer issued the decisions on the 15 ^th February 2019. The Complainant appealed the decisions to the Labour Court on the 7 ^th March 2019. On receipt of submissions from both parties the Court convened a case management hearing on the 20 ^th June 2019. Both parties were represented at the hearing and agreed to make further submissions to the Court on specific issues. Following the case management, the Respondent's representatives advised the Court that they were coming off record and that all correspondence should go directly to the Respondent.

5 A date was set for the full hearing of the case. In advance of the hearing date the Respondent advised that they would not be attending the hearing as the company had ceased trading on the 20 ^th May 2018. The Respondent could offer no explanation as to why this had not been brought to the Court's attention at the case management hearing which they attended with their legal representative. The Respondent on the 30 ^th September 2019 submitted an unsigned copy of abridged Financial...