Food for Thought: Working Time Breaches in a Head Chef’s WRC Case
A recent WRC case saw a Head Chef awarded nearly €35,000 after raising a claim about working time breaches. The decision highlights the critical importance of adhering to legal requirements for working hours and rest periods.
Background
The complainant, Mark Alcock, began working for Knightsbrook Hotel Spa and Golf Resort in 2019 as a Sous Chef and was later promoted to the position of Head Chef. Mr Alcock resigned in October 2023 and subsequently raised a complaint to the WRC in December 2023, alleging that his former employer had breached the Organisation of Working Time Act 1997.
Employment Law
The Organisation of Working Time Act 1997 sets out specific requirements for rest periods and working hours. Key sections relevant to this case include:
- Section 11: An employee is entitled to a daily rest period of at least 11 consecutive hours within each 24-hour period.
- Section 13: An employee is entitled to a weekly rest period of at least 24 consecutive hours, which should be preceded by a daily rest period (or, two rest periods of at least 24 hours each, in the following week)
- Section 15: Employers must ensure that employees do not work more than an average of 48 hours per week, calculated over a reference period.
The WRC Adjudication Officer found that the complainant was not afforded the required daily and weekly rest periods and routinely worked in excess of the 48-hour weekly limit.
Conclusion
This case underscores the necessity for employers to diligently monitor working time requirements. The complainant's evidence and the lack of sufficient documentation from the employer led to a total compensation award of €34,999.99.
Takeaways for Employers
Ensuring compliance with working time legislation is crucial to protecting employee wellbeing and reducing the risk of costly penalties.
Bright Contracts offers a wide range of employment resources, including template policies for working hours and rest periods. Please visit our website or contact a member of our team to find out more about the support we can offer you.
