Labour Court cuts €7,500 award to €3,500 on haulage employer’s appeal

The Labour Court cut a €7,500 award to €3,500 on Nathan Clare T/A Clare Haulage’s appeal, finding breaches of rest-break and maximum-hours rules but no breach over notice of additional hours. The determination was dated 14 October 2011. Vaisotas Barsteiga worked as a haulage driver for Clare from 25 July 2009 to 8 July 2010. The Court found nine occasions when he did not receive the required 11 consecutive hours of rest. It also found the employer had not shown that meal-break requirements were met, and that Barsteiga averaged 64.25 hours a week in the four months before his employment ended, above the 48-hour average limit. The Court found no breach concerning notice of additional hours because Barsteiga’s contracted hours had been notified before each working day and there was no evidence of additional journeys. It varied the Rights Commissioner’s decision and directed Clare to pay €3,500 compensation.