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Labour Court upholds decision rejecting security guard’s break complaints

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court dismissed Marin Chitii’s appeal against a finding that he could take breaks during 12-hour shifts as a static security guard for P&J Security Services Ltd. The determination was signed on 2 July 2015. The Court found that monitoring truck movements took relatively little time during each shift and that Chitii had been told he could take breaks and close the security hut for comfort breaks. It noted that he had raised no concerns about break access during four years with the company and found that he could and did take breaks. The Court said the location of the toilet facilities was not properly before it, but found Chitii had reasonable access to toilet breaks. It found no merit in that aspect of the complaint and upheld the Rights Commissioner’s decision.

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