Labour Court dismisses Agnieszka Jemiola’s appeal over working-time claims

The Labour Court dismissed Agnieszka Jemiola’s appeal against the Rights Commissioner’s decision on claims concerning annual leave, public holidays and a period without work at Sparantus Ltd T/A Highfield Healthcare. The determination was signed on 27 November 2014. The Court found no breach over annual leave accrued during sick leave, after Jemiola’s representative made no submission on how the proposed interpretation could be reconciled with domestic law. It also found she had not established the eight months’ work required for an unbroken two-week leave period or met the 40-hours-in-five-weeks condition for the public holidays. On the period without work, the Court accepted evidence that she had agreed to resume at the next roster period, beginning on 23 August 2013. It found the claims not well founded and affirmed the earlier decision.