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- Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Absence Management. Read more >>>
- Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
- What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>
Double Employment and The Maximum Working Week
The Organisation of Working Time Act sets out that an Employee who holds more than one employment must still adhere to the provisions of the Act related to the maximum working week. The legislation sets out to restrict the number of hours worked in any 7 day period by an Employee. For the majority of workers, the maximum working week is an average of 48 hours per 7 day period. Note that additional restrictions apply in respect of night workers and under 18’s.
Where there is a breach of this requirement, then both the Employer and Employee may be found guilty of an offence. In order for an Employer to avoid liability in these circumstances, he/she must be capable of demonstrating that they either could not reasonably have known that the Employee was working for another Employer, or that they could not have known the hours that the Employee had been working. Therefore, it is recommended that Employers have in place a policy and practice requiring the Employee to seek approval to hold a second employment, and where permission is granted, to record and monitor working hours in the second employment to ensure that no breaches have occurred.