Working Time Cases

Background The case of Ana Oliveira v B. Gallagher Limited trading as the Station House Hotel (ADJ00040797) examines the circumstances under which an employer will be in breach of the Organisation of Working Time Act, 1997, if an employee is not provided with an eleven hour rest period in every twenty four hours worked.  Ms

1. Introduction Section 14 of the Organisation of Working Time Act 1997 requires that employees who work on a Sunday be compensated by a reasonable allowance, a reasonable premium rate, or a reasonable adjustment to the working day, unless the contractual hourly rate already takes the Sunday work into account. This article considers the meaning

1. Introduction Sections 11, 12 and 13 of the Organisation of Working Time Act 1997 establish a framework of rest entitlements: a daily rest period of 11 consecutive hours in each 24-hour period (Section 11), in-work rest breaks (Section 12), and a weekly rest period of 24 hours preceded by 11 hours’ daily rest (Section

1. Introduction Section 25 of the Organisation of Working Time Act 1997 requires employers to maintain records of working hours, rest breaks and annual leave. Section 25(4) provides that where an employer fails to keep records, the onus is on the employer to prove compliance with the working time provisions. This article considers the record-keeping

1. Introduction Section 21 of the Organisation of Working Time Act 1997 confers entitlements to ten public holidays each year. Employees who work on a public holiday, or who do not work because the day falls on a non-working day, are entitled to one of several specified benefits at the employer’s election. This article considers

1. Introduction On-call time presents a complex question under the Organisation of Working Time Act 1997. The Court of Justice has held that on-call time spent at the workplace counts as working time, while “standby” time at home may or may not count depending on the constraints imposed. In Beirne v Health Service Executive the

1. Introduction Section 16 of the Organisation of Working Time Act 1997 provides protections for night workers, who are defined as employees who normally work at least three hours of their daily working time between midnight and 7 am. This article considers the maximum working time for night workers, the health assessment requirements, and the

1. Introduction Section 15 of the Organisation of Working Time Act 1997 imposes a maximum average weekly working time of 48 hours, calculated over a reference period of four months (or six or twelve months in defined circumstances). This article considers the calculation of average weekly working time, the available reference periods, and the implications