The Workplace Relations Commission has ordered the HSE to pay Jackie Deevy €11,203 after finding it failed to provide effective compensatory rest breaks in a residential care setting. The decision was dated 24 October 2024.
Deevy said she was not rostered for breaks and often had to eat or drink near the service user she supported. The HSE argued that statutory exemptions applied and staff could use available facilities for breaks.
The adjudicator accepted that the setting was exempt from the usual statutory break rules, but said the HSE still had to provide equivalent compensatory rest and keep records. Deevy remained on call when eating at the same table as residents, so those breaks did not amount to rest. The HSE had kept no records of compensatory breaks.
The complaint under the Organisation of Working Time Act was upheld. The HSE must also keep records of breaks and the circumstances of compensatory rest periods.