The Labour Court upheld the Rights Commissioner’s decision that Waldemar Smielinski’s complaint against Marks and Spencer (Ireland) Ltd was not well founded. The determination was dated 4 December 2015.
Smielinski, a sales adviser at the company’s Grafton Street store restaurant, argued that his terms entitled him to a paid 30-minute meal break on six-hour workdays and that he was entitled to no less favourable terms after his employment transferred to Marks and Spencer in April 2013.
The company said it had issued staff, including Smielinski, a corrected handbook page on meal breaks before the transfer. The Court accepted that he had received the amendment, and the appeal failed.