The Labour Court awarded Teisutis Kazilas €1,500 after finding Tesco Ireland Limited had not ensured he received adequate breaks. The determination was dated 16 December 2015.
Kazilas said he was regularly called back from breaks when only one manager was on duty and could not complete them. Tesco Ireland Limited argued that security staff were exempt from the statutory break rules and that he had the opportunity to take breaks. The Court found the exemption depended on the company ensuring equivalent breaks.
The Court found Tesco Ireland Limited's clock-card records could have disclosed occasions when his recorded break time did not meet the statutory requirement. No system was in place to monitor the records, and the Court found the company had not satisfied itself that it was complying with the Act. Kazilas withdrew his appeals concerning average weekly hours and Sunday premium pay. The Court ordered Tesco Ireland Limited to pay the compensation and comply with the Act and regulations.