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Labour Court raises Good Food Shop worker’s compensation to €250 on employer’s appeal

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court increased compensation from €80 to €250 after finding Ms Deborah Delamico was entitled to payment for the public holiday on 3 August. The determination was signed on 18 January 2022, after an appeal by her employer, Marc O'Mahony And The Good Food Shop.

The employer argued Delamico began work on 23 July 2020 and had not worked the 40 hours needed to qualify. It said she had been in unpaid training on three earlier days. Delamico said she worked as a shop assistant on those days, serving customers and using the till.

The Court relied on its finding in a related Payment of Wages appeal that the employment relationship began on 16 July. It found she attended the workplace for 54.5 hours between then and 3 August, and qualified for public-holiday payment. It said the original €80 compensation did not adequately recognise the denied entitlement, the proceedings she had to pursue and the 18-month wait.

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