The WRC upheld complaints by two hospice care workers over fixed-term contracts, rest breaks and missing employment statements, awarding them €1,200 and €1,100 respectively for the fixed-term breaches. The decision was dated 10 March 2017.
The workers said they had successive patient-specific contracts and were denied daily rest and breaks. A health service provider accepted it employed them and had failed to provide compliant rest periods and written employment statements. It said it was regularising their employment status, pay and contracts.
The WRC also awarded €550 and €500 for missing employment statements, and €450 and €400 respectively for each worker’s daily-rest and break complaints. It found that travel between the workers’ homes and first and last assigned patients was working time for the six months from 10 February to 9 August 2016, payable at €13.52 an hour or part thereof, less statutory deductions.
The officer required written employment statements and compliant rest and break arrangements, noting that the employer had introduced new rosters and offered permanent contracts. The officer also recommended completing commitments on employment status, Home Help pay parity, service recognition, any pay shortfall and agreed work bases within four weeks if those matters remained outstanding.