Complainant: Megan Kenny

Respondent: Simon Community (Midlands) CLG   

WRC awarded employee €10,000 as compensation for breaches of annual leave and the Organisation of Working Time Act 1997 (OWTA)

The Complainant worked for the Respondent, a social care organisation providing support to vulnerable individuals, from June 2016 until November 2023. She was promoted in 2020 and took on additional responsibilities, increasing her hours to 48 per week. However, due to staff shortages and an agreement with another social care organisation, she regularly worked beyond this limit, sometimes up to 56 hours per week. She claimed this overwork led to her ill health and eventual resignation. Regarding her claim for unpaid annual leave, she stated that management allowed her to carry over leave due to staff shortages and critical incidents but later failed to honour it. The Respondent's witness (EK) confirmed that overwork was widespread, and that management was aware of the excessive hours. EK acknowledged that the Respondent failed to properly address workload issues, and despite knowing the Complainant exceeded 48 hours weekly, they continued paying her without intervention.

The Respondent did not present evidence but made submissions based on the Complainant’s testimony and admitted documentation. They argued that the complaint was invalid due to the incorrect naming of the Respondent and claimed that the Workplace Relations Commission (WRC) lacked jurisdiction to amend it without consent. Regarding the annual leave claim, the Respondent maintained that the employment contract explicitly stated leave could not be carried over except in exceptional circumstances. However, without evidence, it could not refute the Complainant’s claim that she was never provided with an employee handbook or advised that unused leave would be lost. The Respondent contended that any permission granted by EK to carry over leave was not officially sanctioned. On the excessive hours claim, the Respondent accepted the Complainant worked beyond 48 hours in 10 of the 17 weeks but argued she voluntarily took on the additional hours without being required to do so.

The Adjudicator found that the Complainant was entitled to an award of €5,000 for unpaid annual leave in 2019, 2020, and 2021. The decision was based on Court of Justice of the European Union case law, which establishes that employees must be encouraged to take leave and warned that unused leave may be lost. The Complainant’s uncontested evidence, corroborated by EK, confirmed that she was given permission to carry over her leave due to exceptional circumstances, including staff shortages and vulnerable clients. There was no evidence that management encouraged her to take leave or warned her of its potential loss. Further, the Officer determined that the Respondent breached section 15 of the OWTA by requiring the Complainant to work over 48 hours per week. The defence that she “volunteered” was rejected. The Complainant was awarded another €5,000 to reflect the seriousness of the breach and to deter future violations.

Employers should:

1. Actively encourage employees to take their annual leave and clearly inform them that failure to do so may result in its loss. This should be documented to avoid liability for unpaid leave upon termination.
2. Ensure employees do not exceed the 48-hour weekly limit under the OWTA unless unless an exception set out under the Act applies. Paying employees for excess hours does not justify breaching statutory limits.
3. Ensure employment contracts and handbooks explicitly state leave policies and working hour restrictions. Managers should be trained to enforce these policies consistently and ensure employees are properly advised of their rights.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2025/january/adj-00049654.html