Labour Court upholds ruling on Stephen NG’s minimum wage complaint

The Labour Court upheld a ruling that the Workplace Relations Commission lacked jurisdiction to hear Stephen NG’s complaint under the National Minimum Wage Act against Moanne Chow T/A Orchid Restaurant. The determination was signed on 31 March 2021. The merits were not decided. Ng said he started work as a senior waiter in January 2016, earned €360 a week plus tips and worked more than 48 hours a week. Chow said MCF Catering Ltd owned the restaurant and employed Ng, while she was a part-time manager. The Court found that the balance of documentary evidence, including a P60, P35 and payslips, favoured Chow’s position that she was not his employer, though it expressed reservations. The Court said the determination concerned jurisdiction alone.