Marinuda Limited T/A Fire and Stone Eatery v Samantha Murray [2016] ILCR

Posted In: Case Law
  • Case Reference
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Working Time
Issues covered: Section 28(1), Organisation of Working Time Act, 1997; Statutory Entitlements; Maintaining Records

This case concerned a number of complaints in respect of alleged infringements of the Act by the respondents. Conflicting evidence was provided by both parties thus the Court considered section 25 of the Act which requires employers to maintain records demonstrating compliance with the Act. In this instance the employer failed to provide such records and no additional evidence was offered, therefore the burden of proof was not discharged in respect of breaks during work, advance notification of finishing times, public holiday pay and holiday entitlements. Similarly, the Court held that a premium of 33.33% of salary should have been paid to the complainant for working on Sundays.

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This article is correct at 11/03/2016

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