Minimum Wage Rights and Protection from Unfair Dismissal – Even Without 1 Year of Service

22/07/2025

Many employees are unaware that they have strong legal protections under the National Minimum Wage Act 2000, particularly when it comes to raising concerns about low pay or asserting their right to be paid fairly. One of the most important protections in this Act relates to victimisation and unfair dismissal.

Protected Against Punishment for Asking for Minimum Wage

Under Section 36 of the National Minimum Wage Act, an employer is strictly prohibited from taking any action that harms or penalises an employee simply because the employee:

  • Asked to be paid the minimum wage or proposed to do so,

  • Opposed being underpaid or spoke up about wage violations, or

  • Became entitled to a higher rate of pay under the Act (for example, when turning 20).

This means that an employer cannot lawfully demote, penalise, or dismiss someone for asserting their rights under the Act.

Dismissal in These Circumstances = Automatically Unfair

If an employee is dismissed for any of the reasons listed above, it is legally treated as an unfair dismissal, and the employee has the right to bring a claim to the Workplace Relations Commission (WRC).

No 1-Year Service Requirement

Normally, under the Unfair Dismissals Act 1977, an employee needs at least 12 months of continuous service with their employer before they can make an unfair dismissal claim. However, Section 36(2) of the Minimum Wage Act removes that requirement in cases where the dismissal relates to enforcing minimum wage rights.

In short:

If you're dismissed for asking for the minimum wage or objecting to underpayment, you can bring an unfair dismissal claim immediately — even if you've worked less than a year.

This is a vital safeguard, especially for younger workers, part-time staff, or those in low-paid roles who may not have long service but are more vulnerable to wage exploitation.

Three Steps to Protect Your Rights

  1. Put It in Writing:
    Always raise your concerns or request for the minimum wage via email or another written format. A time-stamped message provides clear evidence that you raised the issue and when you did so.

  2. Keep a Record:
    Save any relevant documents — such as payslips, contracts, text messages, or emails — that support your claim. This can help prove what you were paid and what was agreed.

  3. Seek Advice Early:
    If you feel penalised, threatened, or dismissed after raising concerns, seek independent advice straight away. You may only have 6 months to bring a claim to the WRC (extendable to 12 months in exceptional cases).

Need Help?
If you believe you've been dismissed or penalised for raising concerns about your pay, we can help you assess your rights and take appropriate action. Reach out for a confidential consultation.

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