Complainant

Respondent

Anonymised Parties

An Electrician

A Peat Production and Supply Company

Representatives

Connect Trade Union

IBEC

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-00015475-001

31/10/2017

The complainant is employed by the respondent as a Craft Worker since 1980. The complaint relates to an unpaid rest period taken by the complainant.

The complainant contends that he worked seven days consecutively from Monday 10th July 2017 – Sunday 16th July 2017. He contends that he then took a day’s rest on Monday 17th July 2017 for which he was not paid. The complainant states that he was entitled to be paid for his rest day and is seeking eight hours pay in relation to his complaint.

The respondent rejects the complaint. The respondent stated that the complainant is in receipt of an Operational Allowance which provides payment for call outs, evenings, weekends, and Bank Holidays etc. The respondent stated that the nature of the work performed on Sunday 16th July 2017 was a “call out” covered by the allowance. The respondent stated that the complainant was given the opportunity to take Monday 17th July 2017 as a day of Annual Leave or as an unpaid rest day. The respondent stated that the complainant sought payment for the day in question.

In relation to this complaint I find as follows:

After working for the seven consecutive days, the complainant informed his supervisor that he was taking Monday 17th July 2017 as a rest day. I note that the complainant was given the option of taking a day of Annual Leave or as an unpaid day off.

Section 13 of the Organisation of Working Time Act, 1997 provides as follows:

13(1) In this section “daily rest period” means a rest period referred to in section 11.

(2) Subject to subsection (3), an employee shall, in each period of 7 days, be granted a rest period of at least 24 consecutive hours; subject to subsections (4) and (6), the time at which that rest period commences shall be such that that period is immediately preceded by a daily rest period.

(3) An employer may, in lieu of granting to an employee in any period of 7 days the first-mentioned rest period in subsection (2), grant to him or her, in the next following period of 7 days, 2 rest periods each of which shall be a period of at least 24 consecutive hours and, subject to subsections (4) and (6)—

(a) if the rest periods so granted are consecutive, the time at which the first of those periods commences shall be such that that period is immediately preceded by a daily rest period, and

(b) if the rest periods so granted are not consecutive, the time at which each of those periods commences shall be such that each of them is immediately preceded by a daily rest period.

(4) If considerations of a technical nature or related to the conditions under which the work concerned is organised or otherwise of an objective nature would justify the making of such a decision, an employer may decide that the time at which a rest period granted by him or her under subsection (2) or (3) shall commence shall be such that the rest period is not immediately preceded by a daily rest period.

(5) Save as may be otherwise provided in the employee’s contract of employment—

(a) the rest period granted to an employee under subsection (2), or

(b) one of the rest periods granted to an employee under subsection (3),

shall be a Sunday or, if the rest period is of more than 24 hours duration, shall include a Sunday.

(6) The requirement in subsection (2) or paragraph (a) or (b) of subsection (3) as to the time at which a rest period under this section shall commence shall not apply in any case where, by reason of a provision of this Act or an instrument or agreement under, or referred to in, this Act, the employee concerned is not entitled to a daily rest period in the circumstances concerned.

I find that the respondent did not breach Section 13 of the legislation as a result of the unpaid rest day taken by the complainant on Monday 17th July 2017. The legislation does not provide that payment should be made in respect of weekly rest periods. In addition, the complainant is in receipt of an agreed allowance that provides payment for such additional work. Accordingly, I find that the complaint fails.

Having considered the submissions of both parties, I declare that the complaint is not well founded.

Weekly rest period