The Labour Court varied a Rights Commissioner’s decision and awarded Adelkabir Tougir €329.65 in wage arrears from Circus Gerbola Limited. The determination was dated 27 December 2012. Tougir appealed the finding that his claims were not well founded, while Circus Gerbola cross-appealed. He said he worked an average of 77 hours a week; the company said his week did not exceed 39 hours. The Court concluded he probably worked no more than 39 hours weekly. It found him underpaid in 2007, but found no arrears due for 2008, 2009 or 2010. Because the company had not kept the required hours records, it had to prove that it complied with the Act. The Court allowed Tougir’s appeal to the extent of the €329.65 award and disallowed the company’s cross-appeal.