A worker at a Cork research farm has not been awarded compensation by the Workplace Relations Commission (WRC) for the loss of overtime.
The worker, who has 40 years’ service at the research facility, undertook seasonal overtime on both Saturday and Sunday up to 2020.
The worker’s overtime is primarily to facilitate feeding housed livestock between September and March.
Additionally, the worker does two and a half hours per week in overtime from February to August each year to spread fertiliser and keep the associated records.
As this overtime was on both Saturday and Sunday in addition to a 39-hour week Monday to Friday, it was non-compliant with the Organisation of Working Time Act 1997.
In 2020 the facility stopped the Saturday overtime to become compliant with the law. The worker continues to do seasonal overtime on a Sunday.
The worker sought in the region of €2,000 in compensation for loss of earnings.
The representative from the worker’s union said the reference period for the claim is 2020/2021 and that generally, a loss of rostered overtime would attract one and a half times compensation.
The worker said the Saturday overtime led to a reduction in his earnings.
He acknowledged the obligations under the law, but said the hours worked had been done for a significant period up to 2020. He submitted that the loss of earnings caused unnecessary hardship for him and his family.
No compensation
WRC adjudication officer Lefre de Burgh concluded that no compensation should be paid, as the Saturday overtime was stopped by the employer to be compliant with the law.
Neither the worker nor the owner of the farm were named.
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