The Labour Court dismissed Gintas Smilgys’s appeal and confirmed the Rights Commissioner’s decision awarding him €1,000 for working-time breaches and €862.68 for annual leave. The determination was signed on 23 May 2008.
Smilgys said he did not receive adequate breaks, sometimes had less than 11 hours between shifts and worked more than 48 hours a week. Bridford Properties Ltd said he received daily breaks and that overtime was voluntary.
The Court found he generally had a morning break and a 45-minute lunch break, but no breaks after lunch or while working overtime. It also recorded an admitted shortfall of 96.93 hours of holiday pay, an eight-week period averaging more than 48 hours a week, and occasions when he had less than 11 hours’ rest between shifts. The Court left the Rights Commissioner’s awards in place.