O’Leary International Limited v Anatol Lysiak [2016]

Posted In: Case Law
  • Decision Number
    ILCR Determination No. DWT1679
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Working Time
Issues covered: Section 27(1), National Minimum Wage Act, 2000; Remuneration; Calculation of Working Hours

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

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This article is correct at 11/01/2017

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