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Labour Court awards Nadya Nazipova €3,589.64 in minimum-wage appeal

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court allowed Nadya Nazipova’s appeal and awarded her €3,589.64 in minimum-wage arrears from Execreate Inc. Limited Trading As Graceland Creche & Montessori. Kevin Duffy signed the determination on 27 October 2010. Nazipova said she worked an average of 43 hours a week; the employer said she worked 40 hours and argued she was a trainee. The Court found the trainee provisions did not apply because she did not train during normal working hours. The employer had not kept records of hours actually worked, so it had to prove it complied with minimum-wage law. The Court accepted Nazipova’s evidence about her hours and found she had not received the national minimum rate. It varied the Rights Commissioner’s earlier decision, which had ruled against her.

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