Labour Court allows Anna Kasza’s appeal on transferred employment terms

The Labour Court allowed Anna Kasza’s appeal, finding that Ocs One Complete Solution Ltd Trading As Ocs Ireland / Specialist Aviation Services Ireland Ltd Gate Gourmet Ireland Ltd must recognise and apply the enhanced collective agreement terms she had before her transfer. The determination was signed on 12 April 2018. Kasza said the terms included public holiday and weekend premiums and sick pay. Her employers argued that the collective agreement had been applied in error and did not cover her. The Court found the terms had applied for five years and eight months and Kasza had not been told before or shortly after the transfer that they were said to be mistaken. It also noted the employers’ position that the weekend premium was included in a higher base rate Kasza was receiving.