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Labour Court overturns €5,000 award to John Daly on Bowen Construction’s appeal

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court overturned a €5,000 award to crane operator John Daly after Bowen Construction Limited appealed, finding no breach of working-time rules on the two shifts within the claim period. The determination was dated 11 October 2010.

Daly had complained that he worked long shifts without proper rest breaks and more than 48 hours a week. The Rights Commissioner upheld his complaints and awarded €5,000. Bowen Construction argued that the claims were out of time and denied any breach, saying Daly averaged 45.8 hours a week and received two 40-minute breaks per shift.

The Labour Court found that allegations relating to work before 2 October 2008 were statute-barred because no extension of time had been sought. It then considered the shifts Daly worked on 2 and 6 October 2008, the two shifts within the claim period, and found no breach of the rules on rest breaks or weekly working hours. The Court found the complaint not well founded, overturned the Rights Commissioner’s decision and upheld Bowen Construction’s appeal.

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