National Minimum Wage Act 2000

Disputes about entitlement to minimum hourly rate of pay.

24

24.F26 [ (1) For the purposes of this section, a dispute between an employee and his or her employer as to the employee s entitlements under this Act exists where the employee and his or her employer cannot agree on the appropriate entitlement of the employee to pay in accordance with this Act resulting in an alleged underpayment to the employee. ]

(2) F26 [ The Director General of the Workplace Relations Commission shall not entertain a dispute in relation to an employee s entitlements under this Act and, accordingly, shall not refer the dispute to an adjudication officer under section 41 of the Workplace Relations Act 2015 ]

( a) unless the employee—

(i) has obtained under section 23 a statement of his or her average hourly rate of pay in respect of the relevant pay reference period, or

(ii) having requested the statement, has not been provided with it within the time limited by that section for the employer to supply the information,

and a period of 6 months (or such longer period, not exceeding 12 months, as the rights commissioner may allow) has not elapsed since that statement was obtained or time elapsed, as the case may be,

or

( b) where, in respect of the same alleged under-payment, the employer is or has been—

(i) the subject of investigation by an inspector under section 33 or 34, or

(ii) prosecuted for an offence under section 35 .

(3) F27 [ ]

(4) An inspector shall advise F26 [ an adjudication officer ], on request by the F26 [ adjudication officer ], as to whether the inspector has investigated or is investigating an alleged under-payment the subject of the dispute.

(5) F27 [ ]

(6) F27 [ ]

(7) F27 [ ]