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 13).
This article considers the framework of rest entitlements, the burden of proof, and the practical issues that arise in industries such as healthcare, transport and retail where shift patterns may not easily accommodate the statutory requirements.
2. Legislation and Case Law
Section 11 of the 1997 Act provides for a daily rest period of at least 11 consecutive hours in each 24-hour period worked by the employee.
Section 12 provides for in-work rest breaks of 15 minutes after 4.5 hours’ work and 30 minutes after 6 hours’ work (which may include the earlier 15-minute break).
Section 13 provides for a weekly rest period of 24 consecutive hours, preceded by the daily rest period under Section 11, giving a combined weekly rest of 35 hours. This may be arranged on a fortnightly basis, with 48 hours’ rest in each fortnight.
Section 25(4) provides that where an employer fails to keep records under Section 25(1), the onus is on the employer to prove compliance with the working time provisions. This significantly assists complainants.
3. Decision
The WRC will examine the work patterns and the records (if any) kept by the employer. Where records are incomplete or absent, Section 25(4) places the burden on the employer to establish compliance.
Common breaches include continuous shifts that do not allow for the daily 11-hour rest period, in-work breaks that are interrupted by work duties, and weekly rest periods that are not coordinated with daily rest.
Compensation under Section 27 reflects the value of the lost rest and the breach itself. The Labour Court in Stasaitis v Noonan Services DWT1419 confirmed that even where the breach has not caused identifiable financial loss, the WRC may award compensation reflecting the breach of the statutory entitlement.
4. Takeaway
Employers must keep working time records under the Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001 (S.I. 473 of 2001), in the form known as the OWT 1 record. A failure to do so shifts the burden of proof.
Employees should keep their own informal records of working hours, breaks and rest periods. These records can be highly persuasive where the employer cannot produce contemporaneous documentation.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
