ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | Forecourt Supervisor | Forecourt Service Station |
Representatives | Hayley O’Donnell BL, Rachel Butler of |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00026722-001 | ||
CA-00026722-002 | ||
CA-00026722-003 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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:
The Complainant was employed as a Supervisor from 24th September 2018 to 1st March 2019. She was paid €10.80 per hour and worked 37.5 hours per week. She has claimed that she did not get her statutory entitlements to breaks and rest periods. She has sought compensation. |
Summary of Complainant’s Case:
a) Sec 11 |
The Complainant stated that there were a number of times that she did not get the 11-hour break between shift finishing and next shift starting. She listed 11 occasions when she only got a break ranging from 8 to 9 hours.
b) Sec 12
She stated that she was regularly rostered 7.00am to 3.00pm and she didn’t get the 30-minute breaks and she was too busy to take them. She took food while she worked. She spoke to her manager on a number of times about this.
She stated that her contract provides for informing your manager in writing if you didn’t get breaks.
Breaches of Sec 13 were withdrawn.
The Respondent has breached this Act and compensation is claimed.
Summary of Respondent’s Case:
The Respondent stated that the Complainant was one of two managers on site and worked back to back with the other manager. Her contract of employment points out that should she fail to get her breaks she should notify her manager in writing within one week and she would receive compensatory breaks. The contract refers to the Staff Handbook which details break entitlements and it shows that she received training on these matters. The Rest & Break Period Policy again sets out what should be done if breaks are not received. It states that the manager or area manager should be notified. As a supervisor she would have delivered induction training which deals with break entitlements. This complaint was presented to the Commission on 1st March 2019, therefore the period that may be investigated is 2nd September 2018 to 1st March 2019. Sec 12 The Complainant confirmed that on most occasions she got her breaks but “on occasion” the store was too busy for her to take them. It is clear that staff are aware of their entitlements to breaks and it is the Complainant’s responsibility as a supervisor to ensure that all staff got their break entitlements. Her store manager is a conscientious manager and even though she was absent due to illness between 5th November to 5th December 2018 she regularly checked in with her supervisors and the Complainant raised no issues with her regarding breaks. When the manager returned to work the Complainant did say that she had found it difficult to take breaks during this absence. The manager discussed time management and task completions with her but also stressed the need to take breaks whatever the workload. It is their understanding that there was only one occasion when she did not get her breaks. Sec 11 The Respondent accepts that there were breaches of Sec 11, however it was caused by holiday and illness issues. On the occasions that the Complainant advised her manager the roster was changed. It is the Respondent’s position that these claims are without merit and should be rejected. |
Findings and Conclusions:
I note that the Complainant held a managerial position. I note that she was fully conversant with break entitlements. I note that she was responsible for ensuring that the staff received their proper break entitlements. However, I note that she was a supervisor, not the store manager. I note that during the six-month period allowed for this investigation the manager was absent due to illness. Sec 12(1) of the Organisation of Working Time Act states, “an employer shall not require an employee to work for a period of more than 4 hours 30 minutes without allowing him or her a break of at least 15 minutes”. Sec 12(2) states, “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”. I find that on a very limited number of occasions the Complaint was unable to take her breaks. I find that this was due both to pressures of the workload and the Complainant’s failure to ensure that she took her breaks. I find that the Respondent has the ultimate responsibility for ensuring their employees receive their statutory entitlement to breaks. Therefore, I find that the Respondent has breached Sec 12 of the Organisation of Working Time Act. I find that compensation is warranted. Sec 11 CA 26722 – 001 Sec 11 states” 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. I note that the Respondent set the rosters. I find that on a number of occasions they rostered the Complainant with less than 11 hours between shift finish and shift start. I find that the Respondent has breached Sec 11 of the Organisation of Working Time Act. I find that compensation is warranted. Sec 13 CA 26722-003 I note that this part of the complaint was withdrawn. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that the Respondent has breached Sec 12 of this Act on very limited occasions.
I require the Respondent to pay the Complainant compensation of €250 for breach of her rights under this Act.
Sec 11 CA 26722-0021
I have decided that the Respondent has breached Sec 11 of this Act.
I require the Respondent to pay the Complainant compensation of €750 for breach of her rights under this Act.
I require the Respondent to pay the compensation of €1,000 within six weeks of the date below.
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Dated: 12.6.19
Workplace Relations Commission Adjudication Officer:
Key Words:
Rest breaks |