Labour Court upholds decision that it had no jurisdiction over Dwayne Keogh’s working-time claims

The Labour Court upheld the Rights Commissioner’s decision that it had no jurisdiction to hear Dwayne Keogh’s working-time claims against Eurocommerce Payment Solutions Limited. The appeal failed, and the determination was signed on 11 March 2011; the merits of the alleged breaches were not decided. Mr Keogh claimed the company required him to work excessive hours and denied him breaks and rest periods. The company argued he was an independent contractor. The Court found that the parties intended to change his status in 2007 and that he had autonomy over his work and leave and could decline some work.