The Labour Court upheld the Rights Commissioner’s decision in Dublin Bus’s favour on Derek Michael Rothwell’s working-time complaints. In a determination dated 15 July 2011, it rejected Rothwell’s appeal concerning rest periods, Sunday work and annual leave.
The Court said the rules exempting bus driving from strict rest-period requirements still required compensatory rest. No case was made that Rothwell had not received it, and the collective agreement provided for it. The Court also found that his pay under the agreement compensated him for working Sundays. On annual leave, it found that Dublin Bus provided more than his statutory entitlement. Rothwell had said he was entitled to 20 days under the law and 22 under his contract; Dublin Bus said his contract provided 26 days, available for him to take.