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Labour Court varies Marius Roca award to €1,760 for each of two breaches

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court allowed Marius Roca's appeal and varied the Adjudication Officer's decision, determining that O'Leary International Unlimited Company should pay him €1,760 for each of two breaches of employment-information law. Its determination was signed on 17 December 2019.

Roca said the company changed his pay frequency and structure, including public holiday and annual leave rates, without written notice. He also said a statement of terms provided years after he started work did not meet legal requirements. The company did not dispute the two breaches, but argued the original compensation was appropriate because it had rectified them and incurred significant expense.

The Court confirmed that the statement of terms was non-compliant and that the company had failed to notify Roca in writing of changes to his terms. It determined that €1,760, equal to four weeks' wages, should be paid for each breach: one under section 3 and one under section 5 of the Terms of Employment (Information) Act.

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