The Labour Court overturned a €2,000 working-time award to Dariusz Scibek on his employer’s appeal, finding his average hours were below the statutory limit. The determination was dated 29 January 2010.
Joseph Flynn Site Excavations, trading as Flynn Excavations, appealed the Rights Commissioner’s finding that Scibek had worked more than an average of 48 hours a week. The employer said Scibek received a 30-minute break every four and a half hours; Scibek said he received one break per day. The Court accepted Scibek’s account because there was insufficient evidence to support the employer’s claim.
After reviewing records for the four-month period from 1 August to 26 November 2008, the Court calculated an average working week of 45 hours and four minutes. It found no breach of the Organisation of Working Time Act, 1997, allowed the employer’s appeal and set aside the €2,000 award.