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Labour Court upholds Justyna Babajee’s appeal over transferred terms

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld Justyna Babajee’s appeal, finding that enhanced collective agreement terms had to be recognised and applied after her transfer. The determination was issued on 12 April 2018.

Babajee said public holiday, weekend and sick pay terms she had received before the transfer should have continued. OCS One Complete Solution Ltd trading as OCS Ireland, Specialist Aviation Services Ireland Ltd and Gate Gourmet Ireland Ltd argued the agreement had been applied in error. They also said the weekend premium was included in a higher base rate.

The Court found Babajee had received the collective agreement terms for seven years and six months before the transfer and had not been told of the alleged error before or at the time. It held she was entitled to have the enhanced terms recognised and applied from the transfer date, while noting the respondents’ position on the weekend premium.

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