Labour Court sets aside Viano Tolentin minimum-wage decision

The Labour Court allowed Tony Byrne’s appeal and set aside the Rights Commissioner’s decision on Viano Tolentin’s minimum-wage claim. The determination was signed on 21 October 2011. The Court found that the uncontested evidence showed Tolentin was a share fisherman working under a partnership agreement, rather than an employee under a contract of service. It therefore held that neither it nor the Rights Commissioner could hear the claim. Tolentin did not attend the hearing, although he was represented.