The Labour Court increased waiter Mosabber Hossain’s arrears award against Tandoor Ltd from €14,470 to €41,508.77 after finding he had been underpaid the national minimum wage. Its determination was signed on 4 October 2010, following Hossain’s appeal of the Rights Commissioner’s calculation.
Hossain said he worked 65 hours a week until 8 November 2008 and 45 hours a week thereafter, but was paid below the national minimum rate. He told the Court that once his weekly pay was shown as €346, his employer required him to return €100 and refused to provide a receipt. Tandoor did not attend the hearing.
The Court found no plausible explanation for the deductions and calculated total underpayment of €41,508.77. It substituted its determination for the Rights Commissioner’s decision and ordered Tandoor to pay that amount within six weeks. The earlier €14,470 award was replaced, not added to the new amount.