Habib Kannas v O.F. Fishing Ltd. [2022]

Posted In: Case Law
  • Case Reference
    ADJ-00033565
  • Legal Body
    Workplace Adjudicator Service (WAS)
  • Type of Claim / Jurisdiction
    Dismissal, Policies and Procedures, Leave
Issues covered: Unfair Dismissal; National Minimum Wage Act; Holiday Pay Entitlement

Background:

The Complainant commenced employment with the Respondent on the 1st of July 2017. The Complainant was employed on a “share” basis and would receive a cut of the profits made on each fishing trip. The Complainant submitted he was subsequently enrolled in the Atypical Scheme for non-EEA Migrant Fishers on the 14th of May 2019. At the point of his enrolment into the Atypical Scheme, the Complainant worked on the Fishing Vessel Verlaine until around the end of October 2018, after which he worked on the Fishing Vessel Ocean Harvester II.

In September 2020, the Complainant suffered a back injury and he needed to take time off to recover. This time extended as the Complainant’s mother

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This article is correct at 12/01/2023
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