The Labour Court ordered O’Leary International Limited to pay truck driver Anatol Lysiak €12,000 in outstanding wages after finding that his pay fell below the national minimum wage. The determination was dated 19 September 2016.
Lysiak appealed Rights Commissioner decisions. Four complaints under sections 14, 17, 19 and 21 of the National Minimum Wage Act were not pursued at the hearing. The Court found the employer had selected a pay reference period, so the separate section 10 complaint was not well founded.
For his section 8 complaint, Lysiak said his contract required him to be available for up to 48 hours a week and that his pay did not meet the minimum rate for those hours. O’Leary International said he worked fewer hours and that his recorded hours and daily pay exceeded the minimum wage. The Court found his contracted hours were governed by road-transport rules, and that ferry travel and waiting could count as official business travel. It found the minimum-wage complaint well founded and assessed the underpayment at €12,000.