The Labour Court upheld a €4,000 award to Abdelkabir Touigir after finding Circus Gerbola Limited breached five working-time provisions. It also rejected Touigir’s appeal over the finding that his hours did not exceed the 48-hour weekly limit. The determination was dated 27 December 2012.
Touigir and the circus company each appealed a Rights Commissioner decision under the Organisation of Working Time Act 1997. The Court found breaches concerning breaks, weekly rest, Sunday work, public holidays and annual leave. It accepted that Touigir had never received paid annual leave. Because the employer had not kept required working-time records, it had to establish compliance with the challenged provisions.
The company disputed Touigir’s account that he worked about 77 hours a week, saying he mainly maintained the generator and worked no more than 39 hours. The Court concluded that he probably worked no more than 39 hours a week, so the claim about the 48-hour limit failed. It also affirmed the extension of time allowed for the claims.