FULL RECOMMENDATION
SECTION 28(1), ORGANISATION OF WORKING TIME ACT, 1997 PARTIES : FITZPATRICKS AND HANLEYS LTD T/A CATERWAY (REPRESENTED BY MC KEEVER ROWAN, SOLICITORS) - AND - MR PIOTR BRYSZEWSKI (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision r-125187-wt-12.
BACKGROUND:
2. The Worker appealed the Rights Commissioner's Decision to the Labour Court. A Labour Court hearing took place on the 17th May, 2013. The following is the Labour Court's decision.
DETERMINATION:
This is an appeal by Mr Piotr Bryszewski ( the Claimant) against the decision of a Rights Commissioner in his claim against his employer Fitzpatricks and Hanleys Limited t/a Caterway (the Respondent) under the Organisation of Working Time Act, 1997 (the Act). The Claimant alleges contraventions of Sections 12 and 17 of the Act.
The Rights Commissioner found that Section 12 of the Act had been contravened on a relatively small number of occasions. He found that Section 17 had not been contravened. The Rights Commissioner awarded the Complainant compensation in the amount of €300. There is no cross-appeal by the Respondent.
The Respondent accepts that it did not maintain records in the prescribed form as it is obligated to do under Section 25 of the Act. In these circumstances the Respondent bears the burden of proving compliance with the Act.
On the information before it, the Court has concluded that the Respondent did not have a structure in place by which the Complainant could have access to specific dedicated breaks in the course of his working day. It is the Respondent's case that normally there were interruptions in work during which employees took breaks. While the Complainant did avail of some rest during these interruptions, that did not adequately meet the requirements of Section 12 of the Act.
In relation to Section.17 of the Act, the Court has concluded that there was some element of non-compliance but it was minor and inconsequential.
Determination
In all the circumstances of this case the Court believes that an award of compensation in the amount of €600 is fair and equitable. The Rights Commissioner’s decision is varied accordingly.
Signed on behalf of the Labour Court
Kevin Duffy
20th May, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.