This Labour Court case followed a decision by the Right Commissioner. The Employer appealed this decision to the Labour Court.

The Rights Commissioner upheld the complainant's complaint surrounding allegations of a breach of the Organisation of Working Time Act 1997 and consequently awarded the complainant €3,000 in compensation.

The Complainant's claim was premised around the argument that he was not afforded appropriate rest periods during his employment. The complainant held that whilst in employment with the respondent company he worked in excess of 9 hours per day and 90 hours per fortnight 'in breach of sections 12 and 15 of the Act'.

The Respondent claimed that they were unaware of any alleged breach of the Act until weeks after the complainant had resigned without notice. Furthermore, the respondent relied on the Company handbook which outlined the requirements upon drivers to take appropriate breaks.

The court found in favour of the respondent, holding that the complainant had failed to establish a prima facie case in not adducing enough "evidence to support a stateable case of non-compliance by the respondent". The court therefore overturned the decision of the Rights Commissioner and allowed the appeal of the respondent company.
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