The Labour Court rejected Kyle International Transport Limited’s appeal and upheld a €5,000 award to Andrew Jitobah on 2 August 2011. The case concerned excessive working hours, inadequate rest breaks and unpaid Sunday premiums.
The Court found the company had not kept the records required by law to show the hours Jitobah worked each day. The records it submitted had no probative value in establishing compliance. Because the company had not kept the required records, it had to prove it complied with the law; the Court upheld complaints under sections 11, 14 and 15 of the Organisation of Working Time Act 1997.
The company argued the compensation was excessive given Jitobah’s short employment and that tachograph records supported its case. Jitobah argued the company had not produced adequate records and that he had been required to work excessive hours, take inadequate breaks and work Sundays without compensation.