Niall's Working Time Breach Claim
Waterford | Working Time Rules | WRC Award
Niall worked as a supervisor in a warehouse in Waterford for three years. During that time, his employer regularly asked him to work beyond the standard 48-hour week without additional pay or time off in lieu. When Niall raised the issue with his manager, he was told that supervisors were exempt from working time rules and had to work whatever hours the business required. Niall felt uncomfortable pushing back, worried it might affect his position, but the long hours were affecting his health and family life.
After speaking with a colleague who suggested he seek advice, Niall learned that his employer's exemption claim was not valid. Supervisors in warehouses are not automatically exempt from working time protections. He decided to file a complaint with the Workplace Relations Commission, carefully documenting the hours he had worked over the previous two years. The WRC examined his records and his employer's claims during the hearing.
The WRC found that Niall's employer had breached the Organisation of Working Time Act 1997. The exemption the employer claimed did not apply to his role. The Commission awarded Niall compensation for the unpaid overtime and the breach of his right to rest. The ruling made clear that employers cannot simply declare roles exempt without proper legal basis. Niall's case helped establish that genuine supervision duties do not automatically place someone outside working time protection.
What the Law Says
The Organisation of Working Time Act 1997 protects most workers in Ireland from working more than an average of 48 hours per week, measured over a reference period. While some roles have limited exemptions, these must be genuine and applied correctly. Employers cannot simply claim an exemption because they believe a role warrants it. Supervisory or managerial status does not automatically remove working time protections. Workers have the right to paid leave, rest periods, and reasonable working hours. Breaches can result in compensation orders from the Workplace Relations Commission.
Time Limits for Working Time Claims
You have three years from the date of the breach to bring a claim to the Workplace Relations Commission. However, if your employer's breach continued over time (as with ongoing excessive hours), the three-year period runs from the last instance of the breach, not the first.
It is important to gather evidence of the hours worked — payslips, emails, work schedules, messages, or witness statements — as soon as possible. Memory fades, and documents may be lost.