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Labour Court varies working-time decision and directs €300 payment to worker

By Orla Quinn

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court varied a Rights Commissioner’s decision and directed Murray Timber (Ballon) to pay Damian Balut €300 in compensation. The determination was signed on 27 February 2014, after Balut appealed his claims under the Organisation of Working Time Act 1997.

Balut worked as a general operative in a timber-processing operation that the Court found could not be interrupted for technical reasons. The Court found that this exempted him from some working-time rules. It found no breach of the rules on breaks between shifts, weekly rest including a Sunday, or Sunday premiums. The Court found one failure to provide adequate compensatory rest under the 24-hour rest rule and awarded €200. It also affirmed €100 compensation for late payment of public-holiday pay.

Murray Timber argued that the work qualified for exemptions because the process was technically continuous. The Court found that the technical-continuity exemption applied, but the agriculture exemption did not. It directed the company to pay €300 for the breaches it found.

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