DWT15129

The Claimant was employed by the Respondent from 4^thNovember 2013 until 27^thDecember 2014. The complaint under the Act was made on 10^thFebruary 2015. The Claimant contended to the Rights Commissioner that the Act had been breached at sections 11 and 12 in that she had not been afforded her entitlement to breaks and daily rest as provided for by those sections of the Act.

The Rights Commissioner found that the Claimant had not received her entitlements to breaks and daily rest at work during the cognisable period of the claim. The Rights Commissioner identified 13 breaches of the Act at sections 11 and 12 inclusive and directed the Respondent to pay a sum of €1,000 to the Claimant in compensation.

The Law

Section 11 of the Act provides as follows:

• 11.—An employee shall be entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours during which he or she works for his or her employer.

• 12.—(1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 15 minutes.

  (2) An employer shall not require an employee to work for a period of more than 6 hours without allowing him or her a break of at least 30 minutes; such a break may include the break referred to in subsection (1).

  (3) The Minister may by regulations provide, as respects a specified class or classes of employee, that the minimum duration of the break to be allowed to such an employee under subsection (2) shall be more than 30 minutes (but not more than 1 hour).

  (4) A break allowed to an employee at the end of the working day shall not be regarded as satisfying the requirement contained in subsection (1) or (2).

Summary of the Respondent’s position

The Respondent contended that not all of the incidents identified by the Rights Commissioner as breaches of Section 11 of the Act were in fact breaches of the Act. The Respondent further contended that the original referral to the Rights Commissioner did not relate to Section 11 of the Act. The Respondent appealed the quantum of the award made by the Rights Commissioner.

Summary of the Claimant’s position

The Claimant contended that she did not receive her entitlement to breaks and daily rest during the period of her employment.

Findings of the Court

The Court considered records made available to it by the Respondent at the hearing. The Respondent accepted that the material supplied demonstrated breaches of the Act at Section 11 greater in number than those identified by the Rights Commissioner. The Court, on the basis of the records supplied, finds that 16 breaches of Section 11 and 3 breaches of Section 12 of the Act occurred in the cognisable period of this complaint.

Determination

The Court has examined the records supplied by the Respondent at the hearing. The Court is satisfied from those records that breaches of section 11 of the Act exceeded in number those identified by the Rights Commissioner. The Court is satisfied that the Rights Commissioner correctly identified three breaches of Section 12 of the Act.

The Court therefore finds that the Respondent breached the Act at Sections 11 and 12 and directs that the Respondent should pay a sum of €1,200 to the Claimant. The decision of the Rights Commissioner is varied accordingly.

Signed on behalf of the Labour Court



Kevin Foley
30th November 2015______________________
SCDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.