The Labour Court overturned the Rights Commissioner’s decision and awarded shop assistants Wioletta Morkis €2,300 and Katarzyna Uciechowska €2,150 for working-time breaches. The determination was signed on 22 February 2010.
Rezmerita Limited disputed the women’s accounts of their hours and said they received breaks, Sunday premiums, paid annual leave and public-holiday benefits. The claimants said they worked longer hours and did not receive those benefits.
The Court found that Rezmerita had not kept the records required by law, so it had to prove it complied with working-time rules. Conflicting testimony and a lack of reliable independent evidence meant the company did not meet that burden.
The Court extended the time limit to cover claims from the dates the women began work, taking account of the employer’s failure to provide pay slips and employment particulars and the claimants’ circumstances. Each award included €1,600 for economic loss, with the balance for the breaches found.