The Labour Court upheld €6,083.04 in minimum-wage arrears and a separate €135 award to truck driver Roman Bilicki after Cosgrave Transport (Limerick) Ltd appealed the Rights Commissioner’s decision. The determination was signed on 2 October 2015.
Bilicki said he worked up to 60 or 65 hours a week for €95 a day. The company said his hours were lower and his hourly rate never fell below €9.32. The Court found that his daily rate covered the period from starting work until finishing, including breaks and time when he had to remain available at client premises and report on loading progress. His contract and other documents did not establish that these periods were unpaid.
The Court concluded that, when the daily rate was calculated by the hours covered, Bilicki’s pay fell below the national minimum wage. It accepted that the company had contravened the National Minimum Wage Act and affirmed the Rights Commissioner’s calculation of arrears and separate compensation award.