A newspaper delivery worker who claimed he got just five days of annual leave in 15 months and worked 71 hours per week has been awarded €4,450 by the Labour Court.
Nilo de la Pena told the court that between April 1st, 2002, and June 30th, 2003, he worked six days a week, including every Sunday, and all public holidays. His hours of work were from 5am to about 5.30pm each day, with a break of half an hour to an hour in the morning. He had not received any premium payment or time off in lieu for the Sunday or public holiday working.
His employer, Michael Pat Carpendale, of Dunkitt, Co Kilkenny, denied the claims. His counsel said Mr de la Pena had worked 32 hours a week over a six-day period, starting at 5am and finishing at 10am, except on Sundays when he worked an additional two hours. After those hours Mr de la Pena worked for another employer.
The court said Mr Carpendale had failed to keep adequate records of the hours worked by Mr de la Pena. It accepted Mr de la Pena's evidence that he had taken five annual leave days in 15 months, and therefore was entitlement to 20 annual leave days. He also had an entitlement to 12 public holidays.
