The Labour Court increased Deirdre Morgan’s compensation from €150 to €15,000 after finding that Sandra Cooneys Home Care Ltd failed to provide required daily and weekly rest. The determination was dated 27 June 2019, following Morgan’s appeal of an Adjudication Officer’s decision under the Organisation of Working Time Act 1997.
Morgan complained that she did not receive the daily rest required by section 11 or weekly rest required by section 13. The Court found she received 10 hours of daily rest rather than 11. She received no weekly rest in any seven-day period through 6 July 2018; in the final three weeks, the weekly rest she received did not meet the Act’s requirements.
The employer argued that Morgan’s self-rostering and choice to work across seven days made her responsible for many of the breaches. The Court found the employer had taken no practical steps to ensure its obligations were observed. It said the compensation reflected the gravity and sustained nature of the infringements and directed the employer to pay €15,000.