Labour Court upholds Wojciech Hurko’s appeal on transferred employment terms

The Labour Court upheld Wojciech Hurko’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 he had when his employment transferred. The determination was signed on 12 April 2018. Hurko said the employer had stopped applying his public holiday and weekend premiums and sick pay after the transfer. The employer argued the collective agreement did not cover him and had been applied in error. The Court found the terms had applied for almost four years and Hurko had not been told before or shortly after the transfer that they were said to be mistaken. It also noted the employer’s position that the weekend premium was included in a higher base rate Hurko received until his employment ended.