National Minimum Wage Act, 2000
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PART 5 Disputes about Entitlement and Enforcement | ||
Hearing of Disputes | ||
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Disputes about entitlement to minimum hourly rate of pay. |
24.—(1) Without prejudice to any other action that might be brought against an employer under this Act or otherwise, but subject to subsection (2), if an employee and his or her employer cannot agree on the appropriate entitlement of the employee to pay in accordance with this Act resulting in an alleged under-payment to the employee, the employee or the employer, or the representative of either of them with their respective consent, may, by notice in writing containing such particulars, if any, as may be prescribed, refer the dispute to a rights commissioner for the rights commissioner's decision. | |
(2) A dispute cannot be referred to or dealt with by a rights commissioner— | ||
(a) unless the employee— | ||
(i) has obtained under section 23 a statement of his or her average hourly rate of pay in respect of the relevant pay reference period, or | ||
(ii) having requested the statement, has not been provided with it within the time limited by that section for the employer to supply the information, | ||
and a period of 6 months (or such longer period, not exceeding 12 months, as the rights commissioner may allow) has not elapsed since that statement was obtained or time elapsed, as the case may be, | ||
or | ||
(b) where, in respect of the same alleged under-payment, the employer is or has been— | ||
(i) the subject of investigation by an inspector under section 33 or 34 , or | ||
(ii) prosecuted for an offence under section 35 . | ||
(3) As soon as practicable after a dispute is referred to him or her, the rights commissioner shall give to the other party to the dispute a copy of the notice of referral. | ||
(4) An inspector shall advise a rights commissioner, on request by the rights commissioner, as to whether the inspector has investigated or is investigating an alleged under-payment the subject of the dispute. | ||
(5) A rights commissioner shall hear the parties to a dispute and any evidence relevant to the dispute offered by them, and otherwise inform himself or herself about the dispute in such manner as prescribed or, if no manner is prescribed, then as the rights commissioner thinks appropriate. | ||
(6) The Minister may, by regulation, prescribe such matters relating to proceedings of the rights commissioner under this section as the Minister thinks appropriate. | ||
(7) The hearing of a dispute shall not be open to the public. |