The complainant made a complaint about having been given inadequate breaks at work only after his employment had been terminated. He was awarded €750 for these breaches by a Rights Commissioner but appealed against the size of the quantum. The respondent accepted the findings of the Rights Commissioner. Neither side appealed against the Decision of the Rights Commissioner in respect of the substantive breach of Section 12 of the Act.

In his appeal the Complainant argued that Statutory Instrument 57/1998 Organisation of Working Time (Breaks at Work for Shop Employees) Regulations 1998, applied in this case and that the Rights Commissioner failed to take this into account when deciding the matter (breaks of one hour are required under this