Labour Court upholds decision that Dermot O’Brien was not Audrius Zymancius’s employer

The Labour Court dismissed Audrius Zymancius’s appeal and upheld the Rights Commissioner’s decision that Dermot O’Brien was not his employer under the Organisation of Working Time Act. The determination was signed on 24 August 2010. Zymancius said he considered O’Brien his employer and received wages by personal cheque. O’Brien denied employing him and said he worked for DKR Construction Ltd. A 2006 P35 L list identified DKR Construction Ltd as the employer. The Court gave Zymancius extra time to provide supporting evidence, but none was submitted. It found he had not proved O’Brien was his employer.