by Paul Bruun-Nielsen, Employment Law Solicitor, Fieldfisher Ireland
Working time legislation in Ireland imposes various prescriptive obligations on employers regarding its employees in respect of maximum weekly working hours, rest periods and related rules.
However, there is a particular exception for employees who are deemed to determine their own working time. This has always been perceived to be a very limited exception and restricted to the most senior of employees.
This restricted view of this exception is supported by a recent WRC case ADJ-00049112 (which can be accessed here: ADJ-00049112 – Workplace Relations Commission) which saw an employer attempt to rely on this exception under the Organisation of Working Time Act 1997 (“the Act”) to defend a claim relating to alleged breaches of employee entitlements to rest periods and maximum weekly working hours.
The Complainant in that case, a former Hotel Head Chef, claimed that he was not afforded his daily and weekly rest periods and worked beyond the maximum weekly hours stipulated by the Act. His employer argued that the Complainant was responsible for rostering his own hours and controlled his own working time, therefore bringing him under the statutory exemption.
However, the WRC Adjudicator concluded that the exception did not apply to the Complainant because he did not have genuine autonomy over his working time. The Adjudicator noted the Complainant’s evidence that if guests were still having dinner at the end of his rostered shift, he could not simply leave because his shift had finished. This demonstrated that the Complainant’s working time was dictated by business need as opposed to his own autonomy.
Significant compensation for various breaches of the Act of nearly €35k was awarded.
This case demonstrates that the exemption for those who determine their own working time is not broadly applicable and that even an employee who has responsibility for his own working roster cannot be deemed not to have genuine control over his working time.
An additional note, the significant compensation level awarded by the WRC Adjudicator in this case re-emphasises the general importance of ensuring working time legislation compliance.
About the author
Paul Bruun-Nielsen is an Employment Law Solicitor at Fieldfisher Ireland. Paul provide’s both commercial and best practice advice to employers and employees on all matters relating to employment law. This includes contentious, advisory, and transactional work. Paul has experience advising clients in a number of areas, including contract drafting, bringing/defending claims to the Workplace Relations Commission/Labour Court, reviewing employee handbooks, redundancy processes, TUPE, and data protection.
Paul has worked with the firm since 2020, starting as a paralegal before progressing to trainee. He was admitted to the Roll of Solicitors in Ireland in 2025.
