The Labour Court varied a €10,500 award to Nilo Dela Pena on his employer’s appeal, awarding €1,000 for annual leave, €600 for public holidays, €850 for Sunday work and €2,000 compensation for breaches of working-time law. The determination was dated 25 July 2005.
Michael Pat Carpendale argued that Dela Pena had not worked the hours claimed. Dela Pena said he worked six days a week, including Sundays, received only five days’ annual leave and worked public holidays without extra pay or time off. The employer disputed his hours and said he worked 32 hours a week.
The Court found the employer had not kept adequate records to prove compliance. It found 20 days of annual leave and 12 public holidays outstanding, rejected the claim that Sunday premium was included in Dela Pena’s pay, and found he worked more than 48 hours a week.