ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00047691

Parties:

Complaint:

Date of Adjudication Hearing:  02/11/2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint  to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The complaint is that the Complainant did not receive the provisions of the Organisation of Working Time Act as it applies to breaks.

Summary of Complainant’s Case:

The Complainant stated that he had been requesting a written contract for some time following the commencement of his employment.  When he eventually received the contract he noticed that it referred to a 15 minute paid break which he never received.  He stated that generally he worked 9.30am – 6pm with a break around 2pm-3pm.

Summary of Respondent’s Case:

The Respondent stated that as the Act provides that an employee cannot be required to work more than 4 hours and thirty minutes without a 15 minute break and more than 6 hours with a 30 minute break which can include the 15 minute break, the Respondent did not breach the Act.

Section 12(1) states: 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).

Under Section 12 of the Organisation of Working Time act 1997, it is clearly set out where employees work more than a block of six hours, they are entitlement to a break of 30 minutes, which may include the 15-minute break already referred to. Therefore, no breach occurred under this act when the employee worked 7.5 hours and received an hour break which included the 15-minute break.

For avoidance of doubt, the Respondent submits also there was no breach under S.I. No. 57/1998 - Organisation of Working Time (Breaks At Work For Shop Employees) Regulations, 1998 either. This statutory instrument provides ‘’In relation to the following class of employee, namely, an employee—a) who is a shop employee, And (b) whose hours of work as such an employee include the hours from 11.30 a.m. to 2.30 p.m. The minimum duration of the break to be allowed by the employer under section 12(2) of the Act to him or her shall be one hour and that break shall, unless its commencement between those hours would result in section 12(4) of the Act not being complied with, commence between the hours aforesaid’’.

The Complainant himself in his submission has confirmed he received an hour break so therefore no breach occurred.

Findings and Conclusions:

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 a break of at least 30 minutes; such a break may include the break referred to in subsection (1).

The Complainant’s evidence is that he received a one-hour break following working for a four hour and thirty minute period.   The Respondent has not acted in breach of the Act and the complaint is not 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 have decided for the reasons outlined that the Respondent has not acted in breach of the Act and the complaint is not well founded.

Dated:   18/12/2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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