Masterlink Logistics v Jakub Rudzinski [2016]

  • Decision Number
    ILCR Determination No. DWT171
  • Legal Body
    Labour Court
  • Type of Claim / Jurisdiction
    Working Time and Leave
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,

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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.

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