The Labour Court partly allowed Lucey Transport Limited’s appeal against a €9,000 award to driver Marius Serenas, leaving the final amount to be decided after a further hearing. The determination was signed on 5 July 2013.
Serenas had complained that he worked more than the 48-hour weekly limit and was not given 24 hours’ notice of his starting and finishing times. The Rights Commissioner found both complaints well founded and awarded €9,000 after Lucey Transport did not contest the claims at the first hearing.
The Court held that the 2012 road transport regulations governed working-time complaints for periods from 30 January 2012. The section 15 complaint could proceed under the Act only for earlier periods, while the section 17 notice complaint remained fully maintainable under the Act. The Court reconvened the hearing because the Rights Commissioner’s decision did not explain how the €9,000 was calculated or which periods it covered.