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Labour Court upholds €500 award to catering assistant after appeal fails

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court disallowed Olga Oteslikova’s appeal and affirmed the €500 award for missed statutory breaks. The determination was signed on 20 September 2013. Oteslikova appealed the amount awarded by the Rights Commissioner; Hmshost Ireland Ltd did not cross-appeal. Clocking records showed that her breaks were short by some minutes on many occasions. The Court found that she chose not to take the full breaks, but said the employer still had a duty to ensure the statutory breaks were taken in full. It considered the breaches minor and found no reasonable basis to change the award.

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