The Labour Court varied a Rights Commissioner’s decision and partially upheld Sylwia Matijuk’s minimum wage appeal against Clontarf Castle Limited T/A Clontarf Castle. The determination was signed on 16 November 2015. The Court ordered the employer to pay €519 for underpayment and €267.96 towards her dispute expenses.
Matijuk said she worked three extra hours each week without minimum-rate pay and also challenged pay during a period in lieu of notice. The employer said it paid €8.70 an hour for recorded hours and complied with the Act for the notice period.
The Court found the employer had not kept the required records and had not satisfactorily shown compliance. It found a breach concerning three hours for each week Matijuk worked. Her claim about the notice period failed because that time was excluded from statutory working hours.