The Labour Court overturned a Rights Commissioner’s decision and awarded haulage driver Zbiginew Debny €6,121.80 after upholding his minimum-wage complaint. The determination was dated 19 March 2013.
Debny worked for Liam Delaney, trading as Liam Delaney Haulage, from August 2010 to October 2011. He said he worked 60 hours a week and was paid €412 a week. Delaney disputed the hours and relied on tachograph records.
The Court found the tachograph records could not establish that Debny had been paid in accordance with the National Minimum Wage Act. It also found that Delaney had not kept the records required by law. Because the employer bore the burden of proving compliance, and had not provided reliable evidence, the Court upheld the complaint and directed payment of €6,121.80.