Latest in Employment Law>Case Law>Trinity Leisure Holdings Limited T/A Trinity City Hotel v Sofija Kolesnik [2017]
Trinity Leisure Holdings Limited T/A Trinity City Hotel v Sofija Kolesnik [2017]
Published on: 13/02/2017
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Legal Island
Background

This case concerned a number of alleged breaches under a number of employment related Acts. Firstly, the Labour Court acknowledged that the complainant's written contract of employment was not compliant with the 1994 Act. However it held that these breaches were merely technical in nature and did not result in any detriment to the complainant, thus no compensation was awarded.

Secondly, the complainant's written contract did not specify how the Sunday premium element of her remuneration was calculated. The respondent failed to tender any evidence as to how it was calculated, thus the Court directed that a premium of 30% of the basic rate for all hours worked on Sundays be paid.

Finally, the respondent's Safety Statement had not been translated into the complainant's native language. Despite this the Court did not allow the appeal as there was nothing to suggest that the complainant had been placed in a position of vulnerability.

However, the Court recommended that as a matter of good practice that the respondent should apprise its employees in writing on each occasion in the future when the Safety Statement is revised, with a meeting convened to explain the relevant parts to the employees.
https://www.workplacerelations.ie/en/Cases/2017/January/LCR21377.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 13/02/2017