The Labour Court directed O' Leary International Limited to pay truck driver Algirdas Narkiovicius €7,359.95 in minimum-wage arrears, setting aside the Rights Commissioner's decision and substituting its own determination. The ruling was signed on 3 March 2014.
Narkiovicius appealed after the Rights Commissioner found his complaint not well founded. The Court found his contract required him to be available for 48 hours a week and that the daily rate of €60.55 covered those hours. It said tachograph records did not reliably establish compliance because they recorded actual work, while working time could also include qualifying travel and contractually required availability. The Court concluded that he had been paid below the national minimum wage over the 71 weeks covered by his claim.