The Labour Court set aside the Rights Commissioner’s decision and awarded Mariusz Witko €5,000 after finding his employer had not proved it complied with working-time rules. The determination was signed on 11 August 2010.
Witko appealed after missing the Rights Commissioner hearing, saying he had not been told it was taking place. He said he usually worked from 8am to 6pm on weekdays and also worked Saturdays. Bryan Cullen, trading as Cullen Landscape Design, said the business was seasonal and that hours averaged no more than 48 a week over six months.
The Court heard conflicting accounts. The company had not kept records of attendance or hours, as required by law. Because the employer had to prove compliance when those records were missing, the Court found it had not met that burden. It upheld Witko’s appeal and awarded compensation for breaching the 48-hour weekly limit.