Crane operator wins €7,400 after WRC finds working-time breach

The Workplace Relations Commission ordered Blacklough Construction Limited to pay crane operator Graham Kealy €7,400 for breaching working-time rules and to put compliance measures in place. The decision was dated 28 July 2022. The WRC also found Kealy was underpaid for 20 hours and directed the company to pay him for those hours at his gross hourly rate of €21, subject to statutory deductions. His average working hours exceeded the 48-hour limit across the periods examined. Two other complaints were not well founded. The WRC found Kealy had left his employment rather than been dismissed, so he was not entitled to notice pay. It also found he had not been penalised by dismissal for raising a health and safety concern; his formal complaint to the Health and Safety Authority came after he believed he had been dismissed. Kealy said he was locked out after raising safety concerns and claimed unpaid wages and excessive hours. The company denied the claims, saying he left and did not return, his pay was correct and his working hours were disputed.