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Labour Court upholds €3,000 award after finding driver penalised for refusing excessive hours

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court affirmed a €3,000 award to driver Krzysztof Hawryluk after finding So Kee Co. Ltd breached working-time rules and penalised him for refusing excessive hours. The determination was dated 2 February 2012.

Hawryluk worked for the company from 29 June to 9 December 2010, earning €450 a week. He said he did not always receive daily breaks and lacked additional breaks after six hours. The company said it was up to him to take breaks and it could not confirm when he took them. The Court found there were no records of meal breaks or arrangements to ensure he took them.

The Court found that Hawryluk averaged 49.1 hours a week and sometimes worked until 9pm or later. On the day he was dismissed, he objected to working beyond 6pm. The company's representative told the Court she dismissed him because that restriction was not workable. The Court accepted that his dismissal flowed directly from his refusal to continue working excessive hours and found the company had penalised him.

The Labour Court considered the €3,000 award correct and proportionate and affirmed the Rights Commissioner's decision.

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