Masterlink Logistics v Jakub Rudzinski [2016]

Posted In: Case Law
  • Decision Number
    ILCR Determination No. DWT171
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Working Time
Issues covered: Section 28(1), Organisation of Working Time Act, 1997; Sunday Premium

This case concerned a claim by the appellant that he was not in receipt of his statutory entitlement to compensation for working on a Sunday. Under the Act, an employee who is required to work on a Sunday, is entitled to a reasonable additional benefit for working on that day where this fact has not been taken account of in the determination of their pay.

The Court held that a mere assertion by an employer that an obligation to work on Sundays has been taken into account in determining the rate of pay is not sufficient - clear evidence in support of this claim must be provided. Accordingly, the appellant was awarded compensation to reflect this entitlement.

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This article is correct at 03/02/2017

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