ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009873

	Complainant	Respondent
Anonymised Parties	A Security Officer	A Security Provider

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00012954-001	03/08/2017

Date of Adjudication Hearing: 08/11/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath BL

Procedure:

This matter comes before an Adjudicator of the Workplace Relations Commission on foot of complaints which are contained in a Workplace Relations Complaint Form dated the 3rd day of August 2017, wherein contravention of certain relevant provisions of the Organisation of Working Time Act of 1997 have been alleged.

In accordance with Section 41(4) of the Workplace Relations Act, 2015 this matter has been referred to the Adjudicator Services by the Director General of the Workplace Relations Commission and in particular it has been referred so that this matter can be inquired into and the parties be given an opportunity to be heard and to present evidence relevant to the complaint.

The Complaints have been made within the appropriate time limits.

Pursuant to Section 27 of the Organisation of Working Time Act 1997 (as amended), a decision of an adjudication officer under Section 41 of the Workplace Relations Act shall do one or more of the following:

Declare the complaint was or was not well founded;
Require the Employer to comply with the relevant provision;
Require the employer to pay to the employee compensation of such amount as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration.

Background:

The Employee has been engaged as a Security Officer since 2006. A Transfer of undertaking had moved him into the employment of the Respondent Company. He had been out on sick leave and on his return to the workplace he found that his work schedule had been changed such that he was now working fourteen hour shifts and not the twelve hour ones he had previously worked.

Section 11 of the Organisation of working time Act 1997 provides that

“An employee shall be entitled to a rest period of not less than 11 consecutive hours in each period of twenty four hours during which he or she works for his or her employer”

Summary of Complainant’s Case:

The Complainant was being scheduled to work on many consecutive days - meaning that he only had ten hours rest during a twenty four hour period. The Complainant said that the longer shifts meant that he had no life and could not socialise or go to the gym. The Complainant was not consenting to the change in roster which had been imposed on him during a period of absence. The Complainant had tried without success to raise this matter with his employer

Summary of Respondent’s Case:

The Respondent HR Manager accepted that the Complainant was entitled to his Statutory rest period where he had not consented to the changes. The Respondent apologised and indicated that a change in the HR department had allowed the Complainant’s attempts to get this matter resolved go unheeded. The HR Manager assured the Complainant that he would resolve the issue within the next few weeks.

Findings and Conclusions:

I accept the Bona Fides of the HR Manager and am satisfied that the Complainant will be moved back to his regular twelve hour shift roster in due course. I do find that the Complainant was frustrated with the Employer’s lack of response and in consequence of that, the Complainant has been working without his Statutory rest period from February of 2017 to date.

Accordingly, I find the complaint to be well founded

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find that it is just and equitable in all the circumstances to award the Complainant the sum of €1,000.00 compensation per section 27 of the Organisation of Working Time Act 1997.

Dated: 31/01/18

Workplace Relations Commission Adjudication Officer: Penelope McGrath BL