Knockmaroon Estates Company v Radu Labionschi [2016]

Posted In: Case Law
  • Case Reference
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Working Time
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 28(1), Organisation of Working Time Act, 1997; Excess Hours

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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This article is correct at 11/08/2016

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