The Workplace Relations Commission awarded Mayson Shelly €2,400 after finding that her employer had not shown statutory breaks were properly arranged. In a decision dated 2 February 2024, it also found she was constructively dismissed and penalised after pursuing leave entitlements.
Shelly worked as a gym worker and personal trainer for Stylewise Ltd T/A District Health and Fitness. She said that after seeking holiday and public-holiday entitlements while on sick leave, she faced a performance meeting, reduced hours and changed working conditions. The employer said Sunday premium was included in her hourly rate, denied deciding to reduce her hours and said it offered a grievance process before she resigned.
The WRC awarded €1,500 for penalisation and accepted that €482.82 remained due for annual leave. It also awarded €300 over Sunday premium, €500 for four occasions when she lacked the required 11-hour rest period, €1,672 across three complaints about written employment terms, and €850 for constructive dismissal. It found the gender discrimination complaint and several other complaints not well founded; two complaints were withdrawn. The reduced-hours wages complaint was upheld, with no additional compensation because redress was awarded for the related penalisation complaint.