The Complainant worked 40 hours per week as a Senior Retail Betting Assistant in a retail bookmaker’s (the Respondent). The Complainant submitted that they did not receive their statutory break entitlements throughout the course of their employment.

Although the Complainant raised this issue with the Respondent, no attempt was made to ensure that the Complainant could avail of her statutory break entitlements.  The Complainant argued that the Respondent has a legislatively prescribed duty to ensure that staff are afforded their correct break entitlements and that they as an employer are operating within the confines of the Organisation of Working Time Act.

The Respondent does not have a clocking facility in operation in their stores, nor does the Respondent have any documentation to prove that the Complainant has taken rest breaks. However, they provided that their Electronic Point of Sale (EPOS) system furnishes an accurate record of work carried out versus time not working which proves when a member of staff would be on a break. The Complainant disputed this argument as she spends a significant amount of time dealing with customers which cannot be captured by the EPOS system.

The Respondent submitted that each Shop Manager is responsible for preparing the rosters and ensuring that all employees take their rest breaks. Shop Managers are also responsible for bringing in relief staff where required to ensure that staff on duty can avail of breaks.

The Court was not satisfied in their findings that the Respondent’s EPOS system was sufficient to record the time and duration of employees’ breaks and therefore the Adjudicating Officer  reached the conclusion that the Respondent does not keep appropriate records. Accordingly, the Adjudicating Officer granted the Complainant redress of €1000.
https://www.workplacerelations.ie/en/cases/2019/april/adj-00016952.html