Labour Court varies Bagnalls Hotel Ltd award to €5,000 on appeal

The Labour Court varied an award to Mr David D' Alton from €3,000 to €5,000 after Bagnalls Hotel Ltd appealed the Rights Commissioner's decision. The determination was signed on 16 August 2012. D' Alton said he worked excessive hours without adequate breaks and was denied annual leave and public-holiday entitlements. The hotel denied the claims, saying staff received breaks and leave and that its records showed D' Alton worked 26 to 39 hours a week. Claims for alleged breaches before 21 March 2010 were statute-barred; the merits of those claims were not decided. For the period the Court could consider, it found the hotel had not shown that D' Alton received annual leave for April to August 2010 or entitlements for four public holidays. It also found the hotel had not substantiated compliance with the rules on breaks and weekly hours or produced the required records. The Court varied the Rights Commissioner's decision and awarded €5,000 for the breaches.