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Labour Court cuts €5,000 award to €500 in Durban House appeal

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court cut a €5,000 award to €500 to Marius Sereika in an appeal by Durban House Bed & Breakfast, while upholding his daily rest and annual leave complaints and rejecting his public holiday complaint. The determination was dated 26 March 2012. The Court found Sereika was an employee for reception and room-service work, but a contractor for some building and maintenance work. It upheld his daily rest complaint because the employer had not shown that equivalent rest periods were available. Sereika was also owed 9.6 hours of holiday pay. His public holiday complaint failed because he could not identify which holidays he had worked.

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