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Labour Court upholds €1,000 award to Robert Maloney over excessive working hours

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld a €1,000 award to Robert Maloney after finding that M & J Gleeson & Company breached working-time rules by allowing him to work more than an average of 48 hours a week. The determination was signed on 15 July 2013, and Mr Maloney’s appeal was disallowed. Mr Maloney had complained about meal breaks, Sunday work and excessive hours. The Court found that he generally received meal breaks and did not work Sundays during the relevant period. It accepted his evidence about excessive hours because the company could not produce records to contradict it. The Court found that customer orders dictated when Mr Maloney had to work, so the Act covered his job as Transport Manager. It limited redress to breaches within the time limit and refused an extension for earlier alleged breaches, finding that ignorance of the law was not reasonable cause for delay. The Rights Commissioner’s decision and award were affirmed.

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