Labour Court rejects Marek Marciniuk’s appeals over breaks, overtime and penalisation

The Labour Court disallowed Marek Marciniuk’s appeals over complaints against Fannin Limited concerning breaks, overtime notice and penalisation. In a determination signed on 12 July 2012, it affirmed the Rights Commissioners’ decisions. Marciniuk, a driver for Fannin Healthcare Limited, said he had not received adequate breaks, had not been given the required notice of overtime and was penalised when disciplinary proceedings began. The Court found he was responsible for organising breaks during delivery work and knew he was required to take two 15-minute breaks. It found occasional work beyond his normal finishing time was needed to complete deliveries delayed by unforeseen factors. The disciplinary issues concerned conduct and performance unrelated to the Act. All three complaints were not well founded.