Penalisation under the Organisation of Working Time Act*

By January 6, 2022Employment Law

Penalisation under the Organisation of Working Time Act*

This arose in case ADJ-00031033 being a case of Jennifer Mackey and Skycrest Limited. In this case the Adjudication Officer held that there was a conflict of evidence but noted that the complainant was given no work for the first two weeks of December 2020. On the 13th December of that year a complaint issued to the WRC. On the 7th December she was contacted by the respondent to come back to work. The complainant alleged that she had complained about being required to work 7 days a week. This was contested by the employer. The Adjudication Officer concluded that by telling the complainant to take December off therefore depriving her of her livelihood immediately after she objected to working excessive hours the respondent did penalise the complainant.

*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.

*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.

Richard Grogan

Author Richard Grogan

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