The Labour Court awarded Igor Mrzljak €10,000 after finding that Paris Bakery & Pastry Limited penalised him for complaining that he was not receiving breaks. The determination was signed on 18 July 2014.
Mrzljak appealed a Rights Commissioner’s finding that his penalisation complaint was not well founded. He said he had worked alone without a break and that, after he raised the issue, the bakery proprietor spoke to him in insulting language and head-butted him. The employer did not attend the appeal hearing.
The Court found that the proprietor’s serious, unprovoked assault amounted to a dismissal and was a direct result of Mrzljak’s complaint about not receiving breaks to which he was entitled. It therefore found that the company had penalised him under the Organisation of Working Time Act 1997. The Court varied the earlier decision and directed the company to pay €10,000 compensation.