Complainant: Selga  Kreituze

Respondent: The Mills Inn

Employer failed to provide breaks and timely contract issuance.

The Complainant argued that she was required to work beyond the maximum hours permitted under the Organisation of Working Time Act, was not provided with breaks within the statutory limits, and did not receive a written contract within two months of commencing employment. Employed as a waitress from June 2022 to August 2024, she raised multiple concerns regarding her working hours, their impact on her family income supplement, and the lack of adequate breaks. Additionally, she contended that her employer failed to provide her with a contract within the timeframe required under the Terms of Employment (Information) Act.

 The Respondent was notified of the complaints on 21st August 2024 and informed of the hearing date on 26th September 2024. On 1st October 2024, the Respondent sought direction from the WRC regarding a late submission. The WRC responded on 3rd October 2024, stating that submissions would be accepted before the hearing and any issues could be clarified during proceedings. The hearing proceeded on 18th October 2024, but the Respondent did not attend. Subsequent correspondence followed, and on 29th November 2024, the Respondent was asked to explain his absence, with a decision to be issued if no explanation was provided.

The Adjudicator found the Complainant alleged that she was required to work beyond the maximum number of permitted hours under the Organisation of Working Time Act 1997. However, the claim primarily related to a reduction in her allocated working hours, which was found to be misconceived and not well founded. Conversely, the evidence indicated that the Respondent failed to comply with s.12 of the Act, which mandates rest breaks for employees. As a result, the complaint was deemed well founded, and the Respondent was ordered to pay the Complainant €500 in compensation. Under the Terms of Employment (Information) Act 1994, the Complainant did not receive a written contract within the required timeframe, as her contract was only furnished over two years after employment commenced. This constituted a breach of s.3(1) of the Act. Consequently, the complaint was found to be well founded, and the Respondent was ordered to compensate the Complainant with a further €500.

Employers should:

• Ensure Compliance with Working Time Regulations: Employers must adhere to the Organisation of Working Time Act 1997, ensuring employees receive adequate breaks and do not exceed permitted working hours. Failure to comply can lead to claims and financial penalties. Regular audits of staff schedules and rest periods can help prevent breaches.
• Provide Written Contracts on Time: Under the Terms of Employment (Information) Act 1994, employers must issue written contracts within one month of employment commencement. Delays can result in legal claims and compensation orders. Employers should implement a structured onboarding process to ensure timely contract provision.
• Maintain Transparent and Fair Work Allocation: Employers should clearly communicate any changes to working hours and ensure fairness in scheduling. Unclear policies on working time can lead to misunderstandings and potential disputes. Regularly reviewing rostering practices and engaging with employees on their schedules can foster a positive work environment.
• Train Management on Employment Law Compliance: Providing HR and management teams with training on employment legislation can help ensure compliance with statutory obligations and reduce the risk of workplace disputes.

The full case can be found here: https://www.workplacerelations.ie/en/cases/2025/january/adj-00053482.html