National Minimum Wage Act – Requirement to seek a statement
In case MWA/19/5 being a case of Mogisa and William Quick the Labour Court refused jurisdiction to hear the case. The Respondent submitted that the Complainant had not made a request for a statement as provided for in Section 23 of the Act. The Labour Court held that having regard to the provisions of the Act and in particular Section 24(2) as the Complainant had not sought a statement under Section 23 the Court refused jurisdiction and affirmed the decision of the Adjudication Officer.
This case confirms something which we have been saying on many occasions that it is absolutely imperative for an employee to bring a claim under the National Minimum Wage Act that they request a statement under Section 23.
At the same time it is completely illogical that there is any requirement to request such a statement. A considerable number of claims get dismissed in the WRC and as in this case on appeal to the Labour Court simply because no valid request was made. Why it is necessary to make a request under Section 23 before issuing a claim it is illogical. However, that is what the law says and therefore employees must issue the appropriate request and then wait the requisite time before issuing the claim unless a statement is furnished.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.