Dáil Éireann Debate, Tuesday - 5 December 2023
219. Deputy Patrick Costello asked the Minister for Enterprise, Trade and Employment what conditions must be met under section 39 of the National Minimum Wage Act 2000 for civil proceedings to be instituted by him on behalf of an employee for the recovery of an amount owed to an employee under section 24 of the National Minimum Wage Act 2000; and if he will make a statement on the matter. [53726/23]
View answerThe National Minimum Wage applies to most employees. It is the minimum hourly pay rate that must be paid. It applies to full-time, part-time, temporary, casual employees and seasonal workers. Close relatives of the employer and apprentices are generally excluded under the Act.
Section 39 of the Minimum Notice Act 2000 provides where an employer has not paid to an employee an amount of pay to which the employee is entitled in accordance with the Act and, where there has been no dispute referred under section 24 or allegation referred to an inspector under section 34 for investigation, and, in the opinion of the Minister, it is not reasonable in the circumstances to expect the employee, or the representative of the employee with the employee's consent, to either refer a dispute or allegation, or to institute civil proceedings for the recovery of the amount, the Minister may request an inspector to advise the Minister whether or not, in the inspector's opinion, civil proceedings should be instituted by the Minister on behalf and in the name of the employee.
Any decision by the Minister on whether to pursue civil proceedings will have to be determined on the merits of a given case, and is at the Minister’s discretion.
