Sylwester Prochnicki ("the claimant") was employed, as a chef, by Harvey Nichols (Dublin) Limited (the "respondent company") from December 2007 until June 2010. The claimant alleged that he was subjected to poor working conditions and was also required to work long hours without the appropriate breaks. The claimant asserted that these conditions detrimentally affected his health and led to him being absent on sick leave for significant periods of time.

The claimant asserted that he made numerous complaints to the Human Resources Manager (“HRM”) regarding his working conditions. Following his complaints and advice from an occupational health assessment, his working hours were amended and a specific shift pattern was created for the claimant. However, the claimant maintained that