Labour Court cuts Kalmar Grossfeldt’s working-time award to €500 on employer’s appeal

The Labour Court reduced a €3,500 award to €500 on South East Concrete Limited’s appeal over working-time complaints by Kalmar Grossfeldt. The determination was signed on 16 July 2010. The Court found breaches involving meal breaks and weekly hours, but no breach over notice of additional hours. Grossfeldt said he worked excessive hours, missed meal breaks and did not always receive 24 hours’ notice of overtime. The company said its records showed an average 45-hour week and that he regulated his own breaks. The Court found occasional missed meal breaks when he worked after 6.30pm and an average 48.52-hour week in the relevant four-month period. It awarded €500 for breaches of sections 12 and 15 of the Organisation of Working Time Act 1997. The section 17 complaint failed because weather-related changes to additional hours were unforeseeable. The Rights Commissioner’s decision was varied.