Labour Court awards Kepak worker €1,000 over overtime notice

The Labour Court awarded Marcin Zaskalski €1,000 after finding Kepak Athleague failed to give him 24 hours’ notice of overtime on four occasions. The determination was signed on 29 September 2015, and the Court varied the Rights Commissioner’s decision on Zaskalski’s appeal. The worker said he did not receive the required notice and alleged that disciplinary action and dismissal followed his refusal to work overtime. Kepak said overtime was contractual and that he was dismissed after refusing reasonable overtime and leaving the workplace without permission. The Court found Kepak had not shown that the worker received 24 hours’ advance notice on four occasions. His complaint of penalisation under section 26 failed: the Court found the disciplinary issues related to contract requirements and workplace conduct, not to the Act.