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Labour Court raises au pair’s minimum-wage award to €4,947.05

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court increased the minimum-wage arrears awarded to Dayana Jonson Goncalves Generoso, ordering Bernardine Mc Cormack And Thomas Mc Cormack to pay €4,947.05. The determination was dated 23 January 2018, and the Court varied the adjudication officer’s decision.

Generoso worked as an au pair for the Mc Cormacks from 29 February to 13 July 2016, receiving €150 a week plus board and lodging. The employers argued that her complaint was invalid, that her request for pay information did not meet legal requirements and that her visa conditions made her contract illegal. They did not defend the underpayment claim. The Court rejected those arguments and found her effective hourly rate was €2.78, compared with the €9.15 minimum wage. Although she worked 54 hours a week, it calculated arrears using a 48-hour weekly limit. After accounting for board and lodging, it found €4,947.05 remained unpaid; the previous award was €1,444.

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