Could you clarify whether workers who have a fixed place of work but must travel distances away from their place of work during the course of their employment can count this travelling time as working time?Posted in : First Tuesday Q&A ROI on 6 June 2016
The Organisation of Working Time Act 1997 defines “working time”as “any time the employee is (a) at his or her place of work or at his or her employer’s disposal, and (b) carrying on or performing the activities or duties of his or her work, and work shall be construed accordingly”.
In ISS Ireland Limited v Gfencheva, the Labour Court held that where a worker’s travelling time is wholly, exclusively and necessarily undertaken in the performance of a contractual obligation of their employment, and where the commencement and finishing points are, together with the time allocated for travelling, determined by the employer, the travelling time must be regarded as “working time”.
If a company has an employee who is not a peripatetic worker but who travels regularly for work, then the terms and conditions of the worker’s employment should specifically address the question of
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