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Wheelchair Association failed to pay workers for hours asleep during 'sleepover' shifts

Summary

The Workplace Relations Commission has ordered the Irish Wheelchair Association to pay compensation to two workers, Patricia Fitzpatrick and Catherine Langton, for unpaid hours during 'sleepover' shifts. In a decision published this morning, adjudicator Breiffni O'Neill upheld complaints brought under the Organisation of Working Time Act and the Payment of Wages Act. The applicants, both programme assistants, alleged they were not paid for time spent asleep on premises during night shifts, which they argued constituted working time. The employer, represented by Cathal McGreal BL, maintained it had adhered to legal provisions and owed no further payments, arguing premiums were not due for sleep periods. The adjudicator rejected the claim for Sunday premium rates, finding no legal duty to pay such premiums as contracts specified no additional remuneration for 24/7 hours. However, he found a deficiency in pay, noting the women were only compensated for five of every eight hours worked between midnight and 8am. Although the applicants argued underpayment began in 2016 and 2017 respectively, the adjudicator limited the award to the statutory six-month period preceding their June 2020 complaints. Consequently, the Commission awarded €1,634.04 to Ms Langton and €1,906.38 to Ms Fitzpatrick.

Who, what, where, when and why

What: Report matter: Wheelchair Association failed to pay workers for hours asleep during 'sleepover' shifts. Procedural stage: hearing_or_decision

When:

• March 2020 Hearing Or Sentence
• June 2020 Other
• 2022-02-21 Publication

Why: Both Ms Fitzpatrick and Ms Langton said they were informed the changes had not been applied at the time because they were salaried and not paid hourly – which both disputed. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report