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.

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 03/02/2017
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email hub@legal-island.com

View all articles by Legal Island