National Minimum Wage Act 2000

Investigation of allegation or matter by inspector.

34

34.—(1) Where an employee alleges that his or her employer has failed to remunerate the employee to an extent required in accordance with this Act, the employee or the employee’s representative with the consent of the employee, may request an inspector to investigate the allegation.

(2) An inspector may, on the request or on behalf of an employee under subsection (1), or of the inspector’s own motion if the inspector believes that an under-payment of pay to an employee has been made, investigate the allegation or matter and, where the investigation is on the request or behalf of an employee, advise the employee of the outcome of the investigation.

(3) Subject to subsection (5), an inspector shall, on the request for advice under section 39 by the Minister, investigate the matter on which the advice is sought and advise the Minister accordingly.

(4) Where after investigating an allegation or matter under this section an inspector is satisfied that an offence under this Act has been committed, or when so requested by the Minister, the inspector shall furnish a report on his or her investigation to the Minister.

(5) An inspector shall not investigate an allegation or matter—

( a) in relation to a dispute which has been referred to a rights commissioner under section 24 (and shall cease any investigation he or she has commenced on becoming aware of any such referral); or

( b) involving payments made or alleged entitlements arising more than 3 years before the date of the inspection or proposed inspection.

(6) A rights commissioner shall, at the request of an inspector, inform the inspector as to whether a particular dispute has been referred to the rights commissioner under section 24 .

F38 [ F39 [ (7) ] In this section inspector has the same meaning as it has in the Workplace Relations Act 2015. ]