Latest in Employment Law>Case Law>O’Leary International Limited v Anatol Lysiak [2016]
O’Leary International Limited v Anatol Lysiak [2016]
Published on: 11/01/2017
Issues Covered: Working Time
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Background

This case concerned a number of claims under the Act. The most significant argument related to the alleged failure to pay the complainant the National Minimum Wage during his employment as a truck driver. The complainant argued that he worked in excess of the 48 hour contracted working week. The respondent provided copies of tachographs relating to the hours actually worked by the complainant. These tachographs did not amount to more than 48 hours per week.

However, the Court held that these records only reflected the hours spent driving, but did not include all the time spent travelling on official business e.g. time spent on ferries and waiting for loads. The Court held that such time must be included in the working hours, thus the complainant was awarded €12,000 to reflect the amount underpaid.
https://www.workplacerelations.ie/en/Cases/2016/September/MWD1612.html

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 11/01/2017
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