The Labour Court varied a minimum-wage award to €1,284.52 on the employer's appeal, ordering Clodagh O'Dwyer McAnenly & Sean McAnenly T/A Grange Transport to pay Kestutis Mikulskis that compensation. The determination was dated 14 May 2014.
The Rights Commissioner had found Mikulskis's complaint well founded and awarded him €3,153.80. Mikulskis said he worked an average of 50 hours a week for €311.22 and was underpaid; Grange Transport argued he worked fewer hours and was paid above the minimum wage.
The Court found the company had failed to keep required wage records, placing the burden of proving compliance on the employer. It accepted the parties' agreement that Mikulskis worked 50 hours a week and accepted his pay slips as evidence of wages, but did not accept the tachograph charts as evidence of his working hours. The Court calculated a shortfall of €1,284.52 over 15 weeks and varied the earlier decision accordingly.