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Labour Court varies decision, awards €495.65 to waiter over breaks and leave

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court varied the Rights Commissioner’s decision on Stiliyan Kyosev’s appeal, finding that Brasserie Gastro Pub 15 Limited failed to provide a further 15-minute break before 12.30am. It awarded him €200 compensation and ordered payment of €295.65 in outstanding annual leave and public holiday pay, a total of €495.65. The determination was dated 30 May 2011. Kyosev worked as a waiter at the restaurant from 1 September to 19 December 2009. The employer accepted that €295.65 was due for annual leave and public holidays, and Kyosev did not dispute the calculation. The Court found he received a 30-minute break early in his shift and a 15-minute break around 10pm, but no further 15-minute break by 12.30am. The Section 14 complaint was withdrawn at the appeal hearing.

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