Macrea Takeaway Limited v Mr Ioan Alin Andrei [2020]
Decision Number: DWT201
Published on: 27/01/2020
Issues Covered:
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Background

The Complainant was employed by the Respondent as a Counter Assistant from June 2017 until his resignation in February 2018. The Complainant lodged a number of claims under various pieces of legislation with the Workplace Relations Commission.

One of the issues raised by the Complainant was the fact that he did not receive any payment for 3 bank holidays. The Court determined that the Complainant should be paid €80 for each of the three public holidays and €500 compensation.

Another issue raised by the Complainant was the fact that on a number of occasions within the cognisable period he did not receive the requisite rest period. The Complainant disputed the time sheets submitted by the Respondent. It was his evidence that he never completed any timesheets and that the signature on each of the sheets was not his. The Court determined that on the balance of probabilities the Complainant did not receive a rest period of 11 consecutive hours within a 24-hour period. The Court therefore ordered that compensation in the amount of €3,000 should be paid to the Complainant in respect of the breach.

The Complainant also submitted that he was regularly expected to work 5 and, on occasion, 6 long days doing a shift of 10-12 hours. The Court ordered that compensation in the amount of €2,000 should be paid to the Complainant in respect of same.
https://www.workplacerelations.ie/en/cases/2020/january/dwt201.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 27/01/2020
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