The Workplace Relations Commission awarded Paul Nolan €1,414 for unfair dismissal after finding he was dismissed for seeking to exercise his minimum-wage rights. It also awarded him €500 for unpaid Sunday-work compensation. The decision was dated 12 December 2022.
Nolan said he raised unpaid wages and statutory entitlements with his employer, Sean Leydon, in May 2020. About three days later, Leydon told him they should part ways. The WRC found Nolan was Leydon’s employee, working 14 hours a week during the relevant period. Leydon attended the hearing but declined to give sworn evidence, and the matter proceeded on Nolan’s evidence.
The WRC said Nolan had not provided enough evidence of efforts to reduce his losses, but noted his dismissal came during Covid-19 restrictions. It also upheld his Sunday-work complaint, finding he had worked two hours a day without Sunday compensation. The remaining complaints were found not well founded, including a duplicate complaint and one that was not pursued. The WRC lacked jurisdiction over the separate minimum-wage complaint, but noted Nolan recovered minimum wage in a related case.