The Labour Court increased a working-hours award to €7,500 after cross-appeals by Kepak Convenience Foods Unlimited Company and Grainne O’Hara. The Court found the company had permitted O’Hara to work beyond the statutory weekly limit and varied the original €6,240 award. Its determination was signed on 19 July 2018.
O’Hara said her workload and reporting duties led her to work close to 60 hours a week, and provided emails sent outside normal working hours. Kepak argued she could have completed the work within 40 hours and had chosen a less efficient reporting method. The Court found Kepak had not kept the required working-hours records, leaving it responsible for proving compliance. It said the company’s workload analysis did not outweigh O’Hara’s evidence, which was supported by the emails. The Court found Kepak knew her working pattern and failed to monitor or curtail it. O’Hara had appealed the compensation amount, while Kepak appealed the original decision in full; the Court upheld the complaint and set compensation at €7,500.