The Labour Court rejected Galway Independent Newspapers Ltd’s appeal and increased Erc Dunne’s compensation from €3,000 to €5,000. The decision was signed on 11 August 2010, varying the Rights Commissioner’s award.
Dunne, a sales manager, said he worked late on Tuesdays, missed meal breaks and averaged 60 hours a week. The company said his usual hours were 9am to 5.30pm, with an extra half-hour on Tuesdays, and disputed that late finishes were required.
The Court found the company had not produced records at the hearing to support its position. It said the failure to keep the required records meant the company had to prove compliance. Information submitted after the hearing cast doubt on the company’s account and strengthened Dunne’s assertions. The Court found the company had failed to prove compliance with rules on daily rest, meal breaks and maximum weekly hours, and directed it to pay €5,000 compensation.