Knockmaroon Estates Company v Radu Labionschi [2016]
Posted In: Case Law-
Case Reference
WTC/16/12 -
Decision Number
DWT1661 -
Legal Body
Labour Court (LC) -
Type of Claim / Jurisdiction
Working Time
This case concerned a claim that the complainant, a caretaker, was required to work in excess of 48 hours a week. The respondent claimed that the parties had an agreement whereby the complainant would work outside normal working hours on a Sunday to attend the animals, and in return would get additional time off during the week. The respondent argued that the complainant was free to spend his time off as he wished without the respondent's permission. A Rights Commissioner had previously awarded compensation in the sum of €5,000.
On appeal, the Labour Court held, on the balance of probabilities, that as the complainant was permanently at his place of employment, due to the requirement that
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