WRC rejected claims of excessive hours and denied rest breaks but upheld the complaint for unpaid annual leave and public holiday pay, awarding €1,100 in compensation.

The Complainant gave sworn evidence that he had worked for the Respondent from July 2024 until September/October 2024, for about 17 weeks. He stated that he regularly worked long shifts of 13 to 14 hours and was frequently required to complete additional mandatory overtime of up to several hours, particularly during busy periods. He contended that he did not receive adequate rest breaks and was at times rostered in a manner that deprived him of the statutory 11-hour daily rest period under the Organisation of Working Time Act 1997. He further stated that he was not provided with a written contract of employment and that he had repeatedly sought payment for accrued annual leave and public holiday entitlements but was ignored. He denied requesting excessive hours for personal reasons and maintained that the workload caused stress and burnout, which he said culminated in a hospital admission and eventual departure from the employment.

The Respondent accepted that the Complainant’s dates of employment were broadly correct and acknowledged that annual leave and public holiday pay remained outstanding. However, they denied any requirement for mandatory overtime or excessive hours. They asserted that the Complainant himself had requested increased hours, including up to 48 hours weekly, allegedly to support a visa application for his spouse. It was submitted that other employees typically worked between 30 and 35 hours and that the roster had been adjusted to accommodate the Complainant’s preferences. The Respondent disputed allegations regarding lack of breaks and exhaustion, stating that staff were aware of their entitlement to breaks and that no formal complaint about hours or conditions had been raised during employment. They further contended that any stress experienced by the Complainant was linked to personal family circumstances abroad rather than workplace practices and maintained that they were willing to discharge outstanding payments.

The Adjudicating Officer found that the complaint relating to excessive working hours, mandatory overtime, and lack of breaks were not well founded. The Complainant had not sufficiently substantiated the alleged pattern of enforced excessive hours or refusal of statutory breaks. The Adjudicator was more persuaded by the Respondent’s evidence that the Complainant had requested higher hours. Additionally, procedural issues arose as the complaint was brought under inapplicable legislation. The second complaint concerning unpaid annual leave and public holiday pay was upheld. The Respondent acknowledged that the Complainant had not received his statutory 8% annual leave entitlement or payment for the August public holiday. Applying sections 19 and 21 of the Organisation of Working Time Act 1997, the Adjudicator concluded that outstanding statutory entitlements were owed. Accordingly, the Respondent was directed to pay €1,100 in compensation, representing unpaid annual leave and public holiday pay, within 42 days of the decision.

Employers should:                

1. Ensure strict compliance with the Organisation of Working Time Act 1997, particularly in relation to annual leave, public holiday entitlements, and hours worked. Even where an employee requests additional hours, the employer retains the legal obligation to ensure compliance with the 1997 Act.
2. Issue written contracts of employment at the commencement of employment and maintain accurate rosters and time records.

3. Respond promptly to employee queries regarding pay and statutory entitlements. Ignoring requests for holiday or public holiday pay can significantly undermine credibility before the WRC. 
   

The full case can be found here.