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WRC rejects monitoring operator’s statutory-break complaint

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found a monitoring operator’s complaint that he was denied statutory rest breaks not well founded. The decision, dated 1 March 2023, concerned Kevin O’ Brien’s complaint against Road Safety Operations Ireland Limited Go Safe. O’ Brien said tight scheduling and the need to remain available during camera-monitoring sessions made it difficult to take breaks. The employer said operators could take breaks in their vehicles during quieter periods and could leave to stretch or get fresh air, subject to safety rules. The adjudicator found that O’ Brien was not required to perform his duties during breaks, even when he remained in or near the vehicle. The employer’s evidence was considered more compelling, and the WRC concluded it had shown that the law on rest breaks was not breached.

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