The Labour Court increased El Mostafa Chtabbou’s minimum-wage arrears award against Circus Gerbola Limited to €22,878.24, allowing his appeal and disallowing the company’s cross-appeal. The determination was dated 27 December 2012. A Rights Commissioner had awarded Chtabbou €10,000 after finding he worked 45 hours a week.
Chtabbou said he worked about 77 hours a week, including publicity and setting up and dismantling the circus tent. The company said his working week rarely exceeded 39 hours. The Court did not accept that he consistently worked 77 hours each week, but found he probably worked up to 50 hours a week.
The company had not kept the required records of his hours. The Court found its evidence did not rebut the presumption that it had failed to comply with the National Minimum Wage Act 2000. It calculated arrears using figures based on the company’s P35 tax returns and varied the earlier decision, awarding €22,878.24 in wages.