Masterlink Logistics v Jakub Rudzinski Posted In: Case Law
Decision NumberILCR Determination No. DWT171
Legal BodyLabour Court (LC)
Type of Claim / JurisdictionWorking Time and Leave
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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