National Minimum Wage Act 2000

F30 [ Decision of adjudication officer under section 41 of Workplace Relations Act 2015

26

26. (1) A decision of an adjudication officer in relation to a dispute in respect of the entitlements of an employee under this Act referred to the adjudication officer under section 41 of the Workplace Relations Act 2015 may contain

(a) a direction to the employer to pay to the employee

(i) an award of arrears, being the difference between any amount paid or allowed by the employer to the employee for pay and the minimum amount the employee was entitled to be paid or allowed in accordance with this Act in respect of the period to which the dispute relates, and

(ii) reasonable expenses of the employee in connection with the dispute,

(b) a requirement that the employer rectify, within a specified time (not being later than 42 days after the date the decision is communicated to the employer) or in a specified manner, any matter, including the payment of any amount, in respect of which the employer is in contravention of this Act, or

(c) both such direction and such requirement, as the adjudication officer considers appropriate.

(2) An adjudication officer shall maintain a register of all decisions made by him or her under this section and shall make the register available for inspection by members of the public during normal office hours. ]

Annotations:

Amendments:

F30

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 13, S.I. No. 410 of 2015, subject to transitional provisions in subs. (3).

Modifications (not altering text):

C3

References to “employee” and “employer” construed (27.07.2016) European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), regs. 2(1) and 9(3)(b).

Interpretation

2. (1) In these Regulations— ...

“contractor”, in relation to a posted worker, shall be construed in accordance with Regulation 7;

...

“posted worker” means a worker who normally works in another Member State but, for a limited period, carries out his or her work in the State.

...

Presentation of complaint under Act of 2015

9. ...

(3) References to employee and employer in— ...

( b) section 26(1) of the Act of 2000,

...

shall, in so far as they relate to a complaint by a posted worker against a contractor under this Regulation, be construed as references to the posted worker and contractor, respectively.