Restaurant worker wins eight WRC complaints over working conditions

A restaurant worker won eight complaints over her employment terms and working conditions, with the Workplace Relations Commission awarding her €1,000 for missed rest breaks. In a decision dated 28 March 2023, adjudication officer Maria Kelly found that Paola Alba Dalivar had not received a written statement of her employment terms, Sunday premium or proper compensation for public holidays. The WRC also found breaches involving notice of working times, annual leave and rest breaks. Dalivar worked as waiting staff at El Grito Mexican Taqueria from August 2018 to July 2021. She told the WRC she had not received a copy of her employment contract and described missed breaks and unpaid entitlements. The respondents did not attend the hearing, so the officer heard Dalivar’s sworn evidence in their absence. The WRC awarded €820 for the written-terms breach, €500 for Sunday work, €336 for public-holiday pay and €500 for working public holidays. It also awarded €500 each for inadequate notice of working times and two annual-leave breaches, and €1,000 for missed rest breaks. Two other complaints, including a duplicate working-time complaint, were withdrawn.