If an employer keeps records of attendance that highlight excessive hours of attendance by certain individuals but when brought to their attention they insist they must continue to work these hours and refuse to reduce, is there an extra onus on employer to impose a resolution?

Posted in : First Tuesday Q&A ROI on 6 August 2014
Zelda Cunningham
Arthur Cox
Issues covered:

Under section 15 of the Organisation of Working Time Act 1997, an employer must not permit an employee to work in excess of an average of 48 hours per week over a four month period. The National Employment Rights Authority can impose fines on employers for failing to comply with this obligation. Furthermore, an employee can make a complaint to the Rights Commissioner that his/her employer breached the maximum working time restrictions.

Section 15 imposes strict liability on employers who fail to comply. Evidence that a formal system monitoring working hours was in place and that appropriate corrective action was taken in the event that an employee was working excessive hours may provide a

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Back to Q&A's This article is correct at 02/09/2015

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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