The Labour Court disallowed Andrzej Gera’s appeal and awarded Justyna Malecka €10,000 for serious and persistent breaches of working-time rules. Its determination was dated 24 September 2015. Malecka, a baker at Gera’s Family Bakery Samo Zdrowie, said she regularly worked more than 48 hours a week. Gera said she worked no more than 30 hours.
Malecka said she regularly worked overnight shifts, sometimes from 8pm until 8am or 9am, and that one week reached 98 hours. The Court found Gera’s evidence unreliable and accepted Malecka’s account, supported by diary entries kept by her partner. Gera had not kept working-time records in the required form, so the burden of proving compliance rested with him. The Court found serious and persistent breaches, set compensation at €10,000 and varied the Rights Commissioner’s decision.