The Labour Court upheld a €3,000 compensation award to driver Robertas Kanys after finding that Key Waste Management Limited breached his rights to breaks, limits on working hours and notice of overtime. The determination was signed on 26 January 2012.
Kanys appealed the amount awarded by the Rights Commissioner, who had upheld all three complaints. Kanys said his workload prevented proper breaks, pushed his hours above 48 a week and meant he did not know whether he would have to work overtime until his shift began.
The company said it allowed breaks and could arrange for another driver to relieve him at 5pm. A company director accepted that workloads could have pressured drivers to miss breaks or work late. The Court found the company had not kept prescribed records and had not proved compliance. It found that pressure to finish daily routes prevented Kanys from taking effective breaks, required him to work more than 48 hours in the relevant reference period, and left him without proper notice of overtime. The Court upheld each complaint and found the €3,000 award appropriate.