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Dunnes Stores v Ann Gray [2016]
Decision Number: Legal Body: Labour Court
Published on: 02/11/2016
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Background

This case involved a night worker whose Trade Union took part in a strike for a 24 hour period. During this period the complainant was rostered to complete one shift that morning and commence a second shift that evening. The respondent had advised her that if she took part in the strike that she should not report to work at midnight when the strike ended.

Nevertheless, the complainant did report for work and offer to work but she was not permitted to work. She subsequently suffered a deduction from her wages in respect of the period she was not permitted to work i.e. after the strike had ended at midnight. The respondent employer argued that this amounted to partial performance of her contract and the company did not accept this offer. The Court could not find any evidence to support the respondent's argument and held that the deduction of her wages was unlawful.

https://www.workplacerelations.ie/en/Cases/2016/October/PWD1633.html

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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. This article is correct at 02/11/2016