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Labour Court varies €7,000 award to Joanna Oleniacz on Blue Thunder appeal

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court varied a €7,000 Rights Commissioner award to Joanna Oleniacz, upholding compensation of €2,000 for inadequate breaks, €750 for Sunday work and €500 for public holidays. Blue Thunder Fast Foods Limited T/A Blue Thunder had appealed the decision. The determination was signed on 13 November 2015.

Oleniacz complained about daily rest, breaks, Sunday premium, weekly hours, annual leave and public holidays. The Court found breaches of the breaks, Sunday premium and public holiday provisions. It found no breach of the daily rest, weekly hours or annual leave provisions. Oleniacz said she worked long hours without adequate breaks or holiday benefits and received no additional Sunday payment; the company disputed her account and said the extra 50 cents per hour covered Sunday work.

The Court said the company had not kept statutory working-time records, payslips or holiday records. It refused Oleniacz’s request to extend the time limit, finding that her prior working relationship with the company and unfamiliarity with Irish employment law did not explain the delay. The time extension ruling limited the period the Court could consider.

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