ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016035
Parties:
| Complainant | Respondent |
Anonymised Parties | An Accountant | Accountancy Firm |
Representatives | Cathy McGrady, B.L. | Cathy Smith, B.L. |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00020820-001 | 27/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020820-002 | 27/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020820-003 | 27/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020820-004 | 27/07/2018 |
Date of Adjudication Hearing: 13/02/2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 79 of the Employment Equality Acts, 1998 – 2015 and Section 27 of the Organisation of Working Time Act 1997, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
Complaint reference CA-00020820-001 was withdrawn. The three remaining complaints are that the Complainant was required to work excessive hours in contravention of the Act, that she did not get breaks during the working day and that she worked Sundays without compensation. |
Summary of Complainant’s Case:
CA-00020820-002 - The Complainant submits that she worked more than 48 hours in contravention of Section 15 of the Act. CA-00020820-003 – The Complainant submits that she did not receive her entitlements to rests and intervals at work as provided for in Section 12 of the Act. CA-00020820-004 – The Complainant submits that she did not receive compensation as provided for in Section 14 for Sunday working. |
Summary of Respondent’s Case:
CA-00020820-002 – Maximum hours The Respondent denies that the Complainant was required to work more than the maximum permitted number of hours per week. Timesheets completed by the Complainant herself show that she worked an average of 44 hours per week. |
CA-00020820-003 – Breaks
The Respondent denies that the Complainant was not afforded breaks in the working day. Evidence was provided to show that the Complainant reminded staff of the break times.
CA-00020820-004 – Sunday working
The Complainant’s contract of employment provided that it was not envisaged that she would be required to work on Sundays except in exceptional circumstances. While the record shows that she did work on 2 Sundays during the relevant period and on some other exceptional occasions, the Complainant was permitted to take extra annual leave. It is submitted that there has been no breach of the Complainant’s statutory rights under the Acts.
Findings and Conclusions:
These complaints were received on 27th July 2018. The cognisable period as provided for in Section 41 (6) of the Workplace Relations Act 2015 is from 28 January 2018.
CA-00020820-002 Maximum weekly hours |
Section 15 of the Act provides: “15.-(1) An employer must not permit an employee to work, in each period of 7 days, more than an average of 48 hours, that is to say an average of 48 hours calculated over a period (hereafter in this section referred to as a “reference period”) that does not exceed – (a) 4 months…” I have reviewed the records provided and find no breach of the Act in relation to the relevant period. I do not find the complainant’s complaint to be well founded. CA-00020820-003 Rests and breaks Section 12 of the Act provides: “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).” I have reviewed the evidence provided. I note the Complainant herself reminded staff of break times and I note the evidence provided by witnesses regarding the general practice of taking lunch breaks between 1pm and 2pm each day. I do not find the complainant’s complaint to be well founded. |
CA-00020820-004 - Sunday working
Section 14 of the Act provides:
“14. – (1) An employee who is required to work on a Sunday (and the fact of his or her having to work on that day has not otherwise been taken account of in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means, namely –
(a) by the payment to the employee of an allowance of such amount as is reasonable having regard to all the circumstances, or
(b) by otherwise increasing the employee’s rate of pay by such an amount as is reasonable, having regard to all the circumstances, or
(c) by granting the employee such paid time off from work as is reasonable having regard to all the circumstances or
(d) by a combination of two or more of the means referred to in the preceding paragraphs.”
I note the terms of the Complainant’s contract of employment provide that “it is a condition of your employment and you hereby agree that you may be required to work such additional hours as may be necessary for the proper performance of your duties” and “The Employer does not envisage any Sunday working except in exceptional circumstances”. I have reviewed the records provided. I find that the Complainant was on a pay scale above the minimum wage, and received such time off that subsection (d) above can be deemed to have applied. I find no breach of the Act in relation to the relevant period. I do not find the complainant’s complaints to be well founded.
Decision:
I do not find the complaints to be well founded.