An au pair paid less than €5.65 per hour by a host family and not paid premium rates for working Sundays has been awarded more than €2,250.
This follows the Workplace Relations Commission finding that the host family had breached the Minimum Wage Act, Organisation of Working Time Act and the Terms of Employment (Information) Act.
In the case, the commission ordered that the host family pay the au pair €2,259 through five separate penalties imposed on the family.
It is the third such recorded ruling by the commission penalising a family who did not pay their au pair the minimum wage of €8.65 an hour.
The au pair worked for the family between February and May 2015 and took up the position through Au Pair Ireland.
She tendered her resignation on May 4th to take effect from May 12th. But on May 7th she said she received a text message from her employer that her employment would terminate the following day.
The host family decided to terminate the au pair’s employment on Friday, May 8th “as the situation had become uncomfortable due to the working relationship having deteriorated”.
In breach
The au pair said that she worked three different Sundays and the commission stated that she should have received a premium of 25 per cent. It awarded her €75 for not getting paid the correct rate on the three Sundays.
She was paid between €100 and €200 in wages per week, plus meals and accommodation, for working an average of 44½-hour week.
The au pair was required to do house work in the morning. The host family disputed this, that she was paid for any additional hours worked.
However, commission adjudication officer David Iredale said that in the absence of working time records he preferred the evidence of the au pair on this point which he found to be more credible.
The commission said that the au pair should be compensated €1,500 for not receiving the minimum wage of €8.65 an hour. She was also compensated €104 for the non-payment of two days when she was let go.
