DWT12132

The complaints
The Claimant contends that the Respondent contravened Sections 11, 12, 15 and 17 of the Act in that he was not afforded adequate daily rest, he was not afforded adequate rest and intervals at work, that he was required to work in excess of 48 hours per week and that he was not provided with adequate information in relation to a requirement to work overtime.

The Decision of the Rights Commissioner
The claim was investigated by a Rights Commissioner who founds that the Respondent had contravened Sections 11 and 17 of the Act. She founds that the Respondent had not contravened Sections 12 and 15 of the Act. The Rights Commissioner made a composite awarded of compensation to the Claimant in the amount of €500.

The Claimant appealed against the Decision of the Rights Commissioner in so far as she found that Sections 12 and 15 of the Act had not been contravened and against the quantum of compensation in respect of the contraventions found to have occurred.

The Claimant's case
Section 11
This Section requires that an Employee is entitled to a rest period of not less than 11 hours in each period of 24 hours. The documentary evidence before the Court show that the Claimant did not receive the requisite rest period on 24^th-25^thJune 2009, 8^th-9^thJuly 2009, 14^th-15^thJuly 2009, 1^st-2^ndSeptember 2009 and 18^th-19^thSeptember 2009. The first mentioned date (24^th-25^thJune 2009) is outside the cognisable time period and cannot be taken into account. In respect of the other dates listed the Respondent contravened Section 11 in relation to the Claimant.

Section 12
Section 12(2) provides that an Employee is entitled to a 30 minute break having worked a period of more than 6 hours. On the evidence before it the Court is satisfied that the Respondent contravened this Section continuously during the cognisable period.

Section 15
This Section provides that an Employer may not permit an Employee more than 48 hours in any week calculated over a reference period of, in this case, 6 months. Section 15(4) of the Act expressly provides that a period of annual leave must be disregarded. The records before the Court show than the Claimant’s average weekly working hours, when annual leave is excluded, over the cognisable period consistently exceed 48 hours. Accordingly the Respondent contravened Section 15 of the Act.

Section 17
This Section provides that an Employer shall notify an Employee at least 24 hours in advance of a requirement to work overtime. The Respondent accepted before the Rights Commissioner that this Section had been contravened during the cognisable period.

Determination
For the reasons referred to above the Court finds that the Claimant’s complaints under the Act are well-founded. In measuring the quantum of compensation which is just and equitable having regard to all the circumstances the Court is mindful that the requirement to comply with the Act is a health and safety imperative and the entitlements of Employees under the Act constitutes an important social right under domestic and European law. However the Court can only have regard to such contraventions as occurred during the cognisable period.

Taking these factors into account the Court awards the Claimant compensation as follows: -

• •Contraventions of Section 11 - €800
  •Contraventions of Section 12- €1000
  •Contraventions of Section 15 - €1000
  •Contraventions of Section 17- € 200