Significant Award for Breaches of Organisation of Working Time Act

In the recent decision of Mark Alcock v Knights Tower Trading (ADJ-00049112), the Workplace Relations Commission (“WRC”) made an award of €34,999.99 for multiple breaches of the Organisation of Working Time Act 1997 (the “Act”).

Facts: In September 2019, the Complainant commenced work as a Sous Chef with the Respondent Hotel and was promoted to the role of Head Chef in June 2022. The Complainant subsequently resigned, and his employment ended on 12th November 2023. The Complainant referred three complaints to the WRC in December 2023 claiming that the Respondent had breached section 11 of the Act dealing with daily rest periods, section 13 dealing with weekly rest periods, and section 15 in respect of maximum weekly working hours. The Complainant’s position was that on a number of occasions he was not afforded his daily and/or weekly rest periods and that he worked far in excess of his contracted hours and in excess of the maximum weekly working hours provided for under the Act.

The Respondent refuted the complaints and submitted as a preliminary point that Part II of the Act did not apply to the Complainant as he had complete control over his working hours and was in fact responsible for rostering his own hours and those of the other kitchen staff. The Respondent’s Managing Director gave evidence on behalf of the Respondent and stated that the General Manager’s role was to monitor the Complainant’s hours and that he would have seen what hours were and were not being worked. The Managing Director also stated that the Complainant would not have been approved for overtime.

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