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Labour Court overturns €200 award and grants Mirela Catarama €5,000

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court awarded Mirela Catarama €5,000 after upholding four working-time complaints against Trinity Lodge Limited T/A Trinity Lodge. The Court overturned the Rights Commissioner’s decision on three complaints and varied it on rest breaks, setting aside the earlier €200 award. Its determination was dated 31 July 2014.

Catarama, a receptionist at the guesthouse, said she could not leave the reception desk for breaks. The Court preferred her evidence that no one relieved her and upheld her complaint about breaks. It also upheld complaints about daily and weekly rest, finding the employer could not rely on the tourism-sector exemption. On additional hours, the Court accepted that she regularly stayed late for guest arrivals without prior notice; the frequency of the late finishes meant they were not unforeseen. The single €5,000 award covered all issues in the case.

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