Irish hotel ordered to pay €35k to ex-chef for excessive hours without rest
A well-known Co Meath hotel and golf resort has been ordered to pay almost €35,000 compensation to a former head chef for requiring him to work excessive hours and failing to allow him legally entitled daily and weekly rest periods.
The Workplace Relations Commission ruled that Knightsbrook Hotel, Spa and Golf Resort in Trim Co Meath had breached the Organisation of Working Time Act 1997 over the working hours of its head chef, Mark Alcock.
The WRC heard that Mr Alcock had worked at the hotel since September 2019 and was promoted to head chef in June 2022 on an annual salary of €70,000.
He took his claim against the hotel following his resignation in November 2023.
The company which operates the hotel and resort, Knights Tower Trading Limited, had denied any breaches of employment legislation and claimed the Organisation of Working Time Act 1997 did not apply in circumstances where Mr Alcock had complete control over his working hours.
The hotel's managing director told the WRC that Mr Alcock, as head chef, had responsibility for the rostering of staff in the hotel's kitchen.
The witness said the hotel's general manager had responsibility to monitor the hours worked by Mr Alcock on a weekly basis.
The managing director stated that the head chef would not have been approved for overtime.
However, Mr Alcock gave evidence that while he was responsible for rostering kitchen staff including his own hours, he said the needs of the business dictated what hours he worked more than himself.
Under cross-examination by counsel for the hotel, Lorna Madden BL, Mr Alcock denied that he could simply leave the hotel after completing eight hours if there was a large number of guests and five functions still ongoing as his department would not have achieved its objectives for the day or been viable for him or the hotel.
In her ruling, WRC adjudication officer, Christina Ryan, said the evidence of the hotel that Mr Alcock had full control over his hours was not credible.
Ms Ryan said the business needs of the hotel determined what hours the head chef worked.
She found that Mr Alcock had given credible evidence that he was not afforded his daily and weekly rest periods.
Ms Ryan said she was not satisfied that documentation provided by the hotel demonstrated it had complied with the legislation.
She said Mr Alcock had been unable on a number of occasions to avail of statutory breaks and they were apparent to the hotel given the evidence that its general manager monitored Mr Alcock's working hours on a weekly basis.
The WRC awarded Mr Alcock €5,833 – the equivalent of one month's pay – for failure to provide him with the minimum statutory rest period of 11 consecutive hours in each 24-hour period.
It also awarded him a further €5,833 for not giving him a rest period of a minimum 24 consecutive hours in each period of seven days.
Ms Ryan said Mr Alcock had given evidence that he not only routinely and frequently worked in excess of his contracted 39 hours per week but also in excess of the statutory limit of 48 hours set out in legislation.
The WRC official said the amount of hours worked over the limit was "usually by a significant period" and a working week in excess of 48 hours on average was "a reality" for the head chef.
She ordered the hotel to pay Mr Alcock compensation of €23,333 for requiring him to work excessive hours.
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