Courts / Ireland / Report

Ice cream parlour worker wasn't 'artisan' who dictated own breaks, WRC finds

Summary

The Workplace Relations Commission found that Andrea Bandacchino, an ice‑cream parlour worker at Gino's Gelato, was not an "artisan" who could dictate his own breaks. The commission awarded him €1,320 in compensation after determining that the employer, C&C Retail Ltd, had denied him legally required 30‑minute shift breaks on four days between 12 November 2021 and 12 January 2022, and had failed to provide a written statement of employment terms. Bandacchino had presented clock‑in records showing he worked six hours at a time without being allowed a break. The HR director of the company argued that the worker could dictate his own breaks, a claim rejected by the tribunal. The commission upheld the complaints under the Organisation of Working Time Act 1997 and the Terms of Employment (Information) Act 1994, awarding €440 for the denied breaks and €880 for the missing written statement.

Who, what, where, when and why

What: Report matter: Ice cream parlour worker wasn't 'artisan' who dictated own breaks, WRC finds. Procedural stage: hearing_or_decision

When:

• 12 November 2021 Other
• 12 January 2022 Other
• May 2022 Other
• 2023-03-27 Publication

Why: " The worker's position was that breaks weren't facilitated either because the ice-cream parlour was busy or because he had to carry out other duties. CNI source report

Topics

Stage Hearing Or Decision

Read the original CNI report