Labour Court varies €1,000 award to €500 on Principal Construction Services Limited appeal

The Labour Court varied compensation from €1,000 to €500 in Principal Construction Services Limited’s appeal in a working-time case brought by Jevgenus Nikitins. Its determination was signed on 23 March 2009. The Court upheld the appeal on rest periods and notice for overtime, finding that Nikitins had received his rest periods and preferring the company’s evidence about overtime notice. It found, however, that the company had not kept records in the prescribed form and set the €500 compensation to reflect that breach. The Rights Commissioner had found the complaint well founded and ordered €1,000 compensation on 30 October 2008. Principal Construction Services Limited appealed that decision to the Labour Court. The Court heard the appeal on 6 March 2009. The case concerned alleged breaches of Sections 12 and 17 of the Organisation of Working Time Act 1997; the Court also found a breach of the Act’s record-keeping requirement in Section 25.