The Labour Court overturned a €3,000 award to Endre Szugyiczki after allowing an appeal by TMS Barrier Services Limited. The determination was signed on 26 April 2012. The Rights Commissioner had upheld Szugyiczki’s complaint under Section 12 of the Organisation of Working Time Act 1997 and awarded him €3,000; a separate Section 15 complaint was not upheld.
Szugyiczki said he did not get a 15-minute break within four and a half hours of starting work. He described receiving a 30-minute break during day and night shifts. The company said he could take breaks while waiting for road barriers to be moved and received a 30-minute unpaid lunch break each day.
The Court found that Szugyiczki accepted he received a 30-minute lunch break and had other periods when he was free from duties. It concluded that his work was organised to give him opportunities for adequate breaks and found no breach of Section 12. The appeal was allowed and the Rights Commissioner’s decision, including the €3,000 award, was set aside.