Letterkenny District Court heard Ciaran Porter, 429 Cavan Hill, Lifford, was paying his two employees wages of €8 and €7.50 per hour for part-time work over a nine month period.
They should have received €8.50 per hour.
When Judge Paul Kelly asked Porter what was he doing employing people under the minimum wage, he replied, “I didn’t know what the minimum wage was”.
Porter operated two stores in Lifford and Raphoe. He is no longer trading.
He has since taken over his father’s coal delivery service, where he now works part-time, said Porter who represented himself.
Inspector Thomas Hayes of the National Employment Registry Authority told the court that he was notified that Porter’s employees were receiving payment below national minimum wage limits.
Through conversations with employees, he then sent letters requesting for payment details under the Payment of Wages Act 1991.
Inspector Hayes told the court that Porter failed to attend an appointment arranged by him. Porter told him over the phone that he was unable to produce employment records. After a 14-day demand, Inspector Hayes requested that a summons be issued.
Porter apologised to the court. He said he was going through a tax audit at the time that Inspector Hayes requested employment details. He said he assumed that Revenue could get the details from the audit information that they already had.
Porter said he amended the shortfall in the wages to €8.50 after he received the phonecall from Inspector Hayes.
Judge Kelly said Porter should have been aware of the National Minimum Wage through the media.
He was fined €500.
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