The Labour Court upheld a €4,000 compensation award to Mr Christopher Gorman after finding that JM Management Services failed to prove it complied with working-time rules. The determination was signed on 10 July 2012, following the company’s appeal of a Rights Commissioner decision.
The Court found that Gorman did not receive statutory rest breaks, and that the company had not established he received entitlements for three public holidays. It also found he was not granted four weeks’ annual leave and was not paid holiday pay in advance. All complaints were well founded.
The company argued its involvement began in February 2011, holiday pay was included in a composite rate, public-holiday entitlements had been paid and staff had opportunities to take breaks. The Court found Gorman’s employment transferred from Shamrock Security to JM Management Services in January or February 2011. The company had not kept records in the prescribed format and failed to prove compliance with the Act. The award includes €1,548 in wages for holiday pay.