Neale Richmond (Dublin Rathdown, Fine Gael)
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The Labour Court is an independent statutory office under the aegis of my Department. The Court was first established under the Industrial Relations Act, 1946. Since the enactment of the Workplace Relations Act 2015, the Labour Court holds sole appellate jurisdiction in all disputes arising under employment rights enactments. This sole appellate role is in addition to those functions held by the Court under the Industrial Relations Acts prior to the enactment of the Workplace Relations Act 2015.

Section 41 of the National Minimum Wage Act 2000 provides that the Labour Court may exempt an employer from the obligation to pay an employee the National Minimum Wage in specific circumstances.

The legislation stipulates that before granting such an exemption the Labour Court must be satisfied that the employer’s inability to pay, is to the extent that, if the employer were compelled to pay, the employee would be likely to be laid-off employment with the employer, or the employee's employment would be likely to be terminated.

I understand that the Labour Court, during the period from 2014 to date, has not used its powers under Section 41 of the National Minimum Wage Act 2000 to exempt an employer from the obligation to pay an employee the National Minimum Wage.