The Labour Court partly allowed appeals by two service station sales assistants and increased some awards for working-time breaches. Its determination, dated 28 July 2013, awarded Aoife Lynch €2,972.40 and Michelle Kelly €3,797.92. The Court disallowed employer Matthew Scally’s cross-appeal.
The Court upheld findings that both women missed rest breaks, received no Sunday premium, worked overtime without adequate notice and were denied two consecutive weeks of annual leave. It found Scally’s unsigned records did not comply with regulations, leaving him responsible for proving compliance. The Court accepted the women’s evidence and gave little weight to Scally’s largely hearsay evidence.
For Lynch, the Court set aside the daily-rest finding and dismissed her public-holiday claim because both related to periods outside the claims’ time limit; the merits of those claims were not decided. For Kelly, it increased awards for missed breaks and daily rest to €750 each and awarded €1,500 for overtime notice. Her zero-hours complaint was not well founded, while her public-holiday claim was outside the time limit; the merits of that claim were not decided.