This article is from page 33 of the 2009-12-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 33 JPG
STAFF at a convenience store in Shannon were not adequately paid when an inspection of the premises was carried out last year.
A court has heard that there were six staff employed at Londis, Bru na Sionna, Shannon, in June 2008. While the minimum wage was paid to staff, they were not paid the mini- mum rate for adults working in the grocery trade, which is marginally higher than the minimum wage.
Sa Wex Ltd, of Fergus Drive, Drumgeely, Shannon, was_ before Shannon District Court on Thursday, facing five summonses relating to an inspection of Londis, Bru na Sionna, on June 13, 2008.
It was accused of failing to keep records, contrary to the Organisation of Working Time Act.
The other four summonses related to the Industrial Relations Act — fail- ure to pay staff the correct remunera- tion rate; failure to pay staff the un- social hours premium; failure to pay staff the overtime rate and failure to display notices.
An employee of the National Em- ployment Rights Authority told the court that she visited the employer on the date in question and met a com- pany representative.
She said it was established during the inspection that the employer was in breach of the Industrial Relations Act. A letter was sent to the employer in July and no response was forth- coming.
The court was told that while the national minimum wage is €8.65, the minimum rate for adults working the grocery trade is €8.91.
The solicitor for the Minster for En- terprise, Trade and Employment said under legislation, employees in the grocery trade should have been paid
€8.91, on the date in question.
The National Employment Rights Authority representative said that one staff member worked 60 hours in one week. “We haven’t received all the time sheets from the employ- er,’ she said.
She said that a poster on work- ers’ rights was not displayed on the EDN
Defence solicitor Stephen Nicholas said the accused was pleading guilty to the offences.
“If you are operating a shop, you are supposed to be familiar with the legislation. The legislation is becom- ing increasingly complex. These people were not familiar with all of this,” he said.
“Five or six employees were not paid all they were entitled to but they were paid the minimum wage of €8.65,” he added.
However, the solicitor for the Min- ister said the defendants were given ample time to correct the mistakes they made.
Mr Nicholas said he was told the letters were answered, but the Na- tional Employment Rights Author- ity representative said, “There was no response to the alleged breaches. We sent five letters. We received two responses.”
Mr Nicholas said that his clients were Operating a convenience store in Shannon. “Records were not fur- nished because they were not kept,” he said, adding that the business was closed late last year. He said that €350,000 in debts have been accu- mulated. ““The company’s only asset was its lease on this property,” said Mr Nicholas.
Judge Joseph Mangan imposed fines totalling €1,500 and fixed a bond in the event of an appeal.