02 Sep Maximum Daily & Weekly Working Hours
The recent WRC award of €35,000 compensation in the case of Mark Alcock v Knights Tower Trading (ADJ-00049112), highlights the absolute necessity to ensure that daily and weekly rest periods are afforded to employees, with the Claimant being successful in respect of his complaint of multiple breaches of the Organisation of Working Time Act 1997.
The Complainant had been employed as a Sous Chef with the Respondent Hotel since September 2019, before he was promoted to the role of Head Chef in June 2022.
He resigned his employment on 12th November 2023 and submitted three complaints to the WRC claiming that the Respondent had breached the Working Time Act in respect of daily and weekly rest periods, as well as his maximum weekly working hours.
The Complainant’s position was that on a number of occasions he was not afforded his daily and/or weekly rest periods and that he worked far in excess of his contracted hours and in excess of the maximum weekly working hours provided for under the Act.
The Respondent attempted to defend their position by relying on section 3(2)(c) of the Act, and said the Complainant had complete control over his working hours and was responsible for rostering his own hours and those of the other kitchen staff.
The Complainant agreed that it was his responsibility to roster all kitchen staff, including himself, but stated that it was not possible to only do the 39 hours provided for in his contract and leave the kitchen, when there were a large number of guests in the hotel and a number of functions taking place.
The Adjudicator agreed and rejected the Respondent’s position that the Complainant could control his own hours and determined that it was the business needs of the Respondent that determined the hours worked by him. On that basis, the minimum daily rest periods, weekly rest periods and weekly working hours provided in the Working Time Act applied to his employment.
These are that an employee must have a minimum daily rest period of 11 consecutive hours per 24-hour period, and a weekly rest period of 24 consecutive hours per 7-day period, which must follow a daily rest period (35 hours in total). Alternatively, an employee can receive two 24-hour rest periods within a 14-day period if they did not receive their weekly rest in the previous 7-day period.
The Working Time Act also provides that a maximum average of 48 hours per week can be worked, which is normally averaged over a 4-month reference period. This reference period can be extended to 6 and 12 months in limited circumstances.
The Adjudicator found that the Complainant gave credible evidence that he was not afforded his daily and/or weekly rest periods and ordered the Respondent to pay the Complainant total compensation in the amount of €35,000 for the breaches.