The Labour Court overturned a €2,000 award to Damien Wesolowski on his employer Joseph Flynn T/A Joseph Flynn Site Excavations’ appeal. The determination was signed on 1 February 2010.
Wesolowski had complained that he worked more than an average of 48 hours a week. The Court reviewed records for a four-month period and found that his average working week was 45 hours and 58 minutes, so the employer had not breached the Organisation of Working Time Act 1997. It allowed the appeal and set aside the Rights Commissioner’s award.