The Workplace Relations Commission awarded Megan Kenny €5,000 for unpaid annual leave and €5,000 for a breach of the 48-hour weekly working limit. Adjudication Officer Emile Daly’s decision was dated 29 January 2025. The awards followed two complaints under the Organisation of Working Time Act.
Kenny said her line manager allowed her to carry leave forward from 2019 to 2021 because of staff shortages and service demands. The WRC found the employer had not encouraged her to take the leave or clearly warned her that it would be lost if carried forward. The employer accepted she worked more than 48 hours in 10 of 17 weeks, but argued those hours were voluntary; the adjudicator rejected that defence.
The adjudicator amended the respondent’s name to Simon Community Midlands CLG. The provider offers support and accommodation to homeless and vulnerable people.