Labour Court sets aside €750 rest-break award on employer’s appeal

The Labour Court set aside the €750 award to Marek Gworys after Peader Kelly Landscaping Limited appealed the Rights Commissioner’s decision. The determination was signed on 8 December 2010. Gworys told the Court he was no longer pursuing his complaint about rest breaks and was claiming unpaid overtime instead. The Court said overtime pay was outside the scope of the Organisation of Working Time Act, 1997, and that it could not deal with that complaint. As Gworys was no longer alleging inadequate breaks, the Rights Commissioner’s decision could not stand.