THE LABOUR Court has recommended that the operators of a Co Clare BB pay a former worker more than €4,300 after the woman took an action over being paid €2.50 an hour for six months.
The court has determined that Armin Grefkes and Bernadette Moloney Grefkes of Drumcreehy House, Ballyvaughan, pay German national Marika Lubig €4,346 after she took action over not being paid the national minimum wage.
During her time at Drumcreehy House between March and September 2009, Ms Lubig was paid €100 for a 40-hour week. She worked 887 hours at the BB and according to the Labour Court was entitled to €7,672 based on a rate of €8.65 an hour. Instead, she received €2,217 and the court has recommended she be paid €4,346, taking into account allowances for board and lodgings.
The case came before the Labour Court after the BB operators appealed a decision by a rights commissioner on Ms Lubig’s claim where the commissioner awarded €4,084 to Ms Lubig. The court said there were instances where payments below the minimum wage are allowed but did not apply in this case.
“We are very upset about the result,” Mr Grefkes said yesterday. Ms Moloney Grefkes said Ms Lubig was on a work placement and was not an employee. Ms Moloney Grefkes said Ms Lubig “was made aware of the terms and conditions before she travelled from Germany to Ireland” to work at the BB.
The Labour Court report records that Ms Lubig was offered the job and would be paid €100 a week. The BB would provide her and her husband with free accommodation, access to a car and the use of the BB’s computer for making Skype calls home.
Ms Moloney Grefkes said: “The woman was coming from the German equivalent of Fás. We were giving her a start in Ireland on a work placement and told her if things worked out, we would offer her a proper paid job the following season.”
Ms Lubig lodged the claim after the BB ended her employment.
Ms Moloney Grefkes said they are seeking legal advice on the recommendation and are disputing the calculations.
