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Labour Court cuts C & F Tooling awards to €2,000 and €3,000 on appeal

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court reduced compensation awarded to Jason Cunniffe for Sunday premium and excessive weekly hours claims to €2,000 and €3,000 respectively, on C & F Tooling Limited’s appeal. The determination was signed on 13 November 2015.

The Rights Commissioner had found contraventions of sections 14 and 15 of the Organisation of Working Time Act and awarded €6,500 and €10,500 respectively. C & F Tooling Limited argued the awards were excessive and disproportionate. The Court refused the company’s late attempt to challenge whether the contraventions occurred, so the appeal proceeded on compensation alone.

The Court said the contraventions were not serious enough to justify the original amounts and that those awards exceeded what was fair and equitable. It allowed the appeal and varied the Rights Commissioner’s decision.

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