The Labour Court upheld a €1,750 award to Yinka Rahman after finding that Terminal Four Solutions Limited had not proved it provided her with statutory rest breaks. The determination was dated 2 August 2011, after the company appealed a Rights Commissioner’s decision.
Rahman worked as a project co-ordinator for Terminal Four Solutions Limited from August 2008 to November 2009. She said she was often unable to take breaks when working on important tasks. The company said staff could take breaks freely and cited records showing Rahman took lunch breaks.
The company had not kept the records required by law. The Court found that the records it submitted were inadequate to prove compliance and upheld Rahman’s complaint that she had sometimes been unable to take breaks under Section 12 of the Organisation of Working Time Act 1997.
The Court also upheld the €1,750 award. It accepted that Rahman had not been denied 11 consecutive hours of rest; the one alleged breach of Section 11 was outside the time limit. It found no breach of Section 13 because she did not work weekends.