HR Solutions Mobile MenuHR Solutions Home / 071 964 2748
HR Solutions

Professional & Practical HR Support Services for Your Business

€15,000 awarded for breaches of The Working Time Act 1997

The claimant had not received a daily rest period of 11 hours as required under the Working Time Act, having only received 10 hours each day. Furthermore, the claimant did not receive the required uninterrupted weekly rest period of 35 hours, instead receiving two 24 hour rest periods in each 14 day period, but which were not preceded by an 11 hour daily rest period as required.

The employer argued that the claimant actively sought to self roster and work seven days a week, and was as much responsible for the breaches that occurred.

The Court outlined that there is a clear obligation on employers to ensure that breaks and rest periods are taken as legislated for, in the interests of the health and safety of employees, and that in this case the employer had disregarded completely such requirements. It further stated that the redress awarded should not only compensate for any economic loss sustained, but must provide a real deterrent against future breaches. The claimant was awarded €15,000, amounting to approx 30 weeks wages, based on a 40 hour week at the hourly rate of €12 that the claimant was paid.

This decision clearly indicates how seriously these breaches will be taken by the Courts, and employers must ensure that they afford employees their statutory rest periods, in order to avoid large compensatory awards against them, with the potential for a maximum two years salary to awarded as compensation.

Comments (0)

Add a Comment

Allowed tags: <b><i><br>Add a new comment:

«« Return to News Listing

HR Solutions

The Hive, Castlecara Rd,
Carrick on Shannon,
Leitrim. N41 Y422

+353 (0)71 964 2748
+353 (0)86 833 7228

Your People Our Passion

Check out our Facebook Page for information about current HR issues and interesting employment law cases.

© HR Solutions. All Rights Reserved. | Privacy | Disclaimer

Web Design & Development by inTandem