The Labour Court increased Maksimas Liachavicius’s compensation from €2,000 to €5,000 after allowing his appeal over working-time breaches. The determination was signed on 14 March 2007 and varied the Rights Commissioner’s decision.
Liachavicius said he usually worked from 8am until 6pm or 7pm, including many Saturdays and some Sundays, without overtime rates or Sunday premium pay. George D O’Malley said he worked a 40-hour week and received extra pay for overtime. O’Malley also told the Court he had not kept working-time records.
The Court preferred Liachavicius’s evidence, finding he worked 55 to 72 hours a week and did not receive adequate weekly rest in weeks when he worked seven days. It also found breaches concerning holiday pay, public holidays and working-time records. The Court accepted he had received €450 in holiday pay and calculated that at least a further €360 was due for public holidays. It increased compensation for the breaches it found. O’Malley had not attended the Rights Commissioner hearing.