Dunnes Stores v Ann Gray [2016]

This case involved a night worker whose Trade Union took part in a strike for a 24 hour period. During this period the complainant was rostered to complete one shift that morning and commence a second shift that evening. The respondent had advised her that if she took part in the strike that she should not report to work at midnight when the strike ended.

Nevertheless, the complainant did report for work and offer to work but she was not permitted to work. She subsequently suffered a deduction from her wages in respect of the period she was not permitted to work i.e. after the strike had ended at midnight. The respondent employer argued that this amounted to partial performance of her