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Labour Court appeal over minimum-wage claim fails

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

A minimum-wage appeal by Cliona Tracey Nee Flood failed because she had not made a written request required for the Labour Court to hear the complaint. In its decision dated 9 May 2024, the Court affirmed the adjudication officer’s decision. Flood said Affinity Plus T/A Affinity Plus Home Support Limited Aka Affinity Plus Homecare Limited paid her below the statutory minimum from April to August 2022 by leaving out travel time required by her job. The Court accepted her uncontested account that her pay fell below the minimum when that time was counted. It also said the law made its jurisdiction dependent on her first requesting in writing a statement of her average hourly rate for a pay reference period. She acknowledged that she had not made such a request, so the appeal could not succeed. The Court did not decide the merits of the minimum-wage complaint.

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