The owners of a top Dublin Mexican restaurant have been ordered to pay a waitress 4,600 for multiple employment law breaches, including the failure to provide proper shift breaks.
Paola Alba Dalivar told the Workplace Relations Commission last year that she “never received a rest break” at the El Grito Mexican Tacqueria unless she worked over eight hours – and some days got no break at all.
Accepting the complainant’s uncontested evidence, an adjudicating officer wrote that the law on shift breaks provided for worker safety – and that it was “not acceptable for employers to ignore the health and safety of their employees” by failing to comply.
Ms Alba Dalivar, who worked at the restaurant as waiting staff from August 2018 to July 2021 earning 12 an hour for a 35-hour week, said that although she had signed a copy of an employment contract, she was never given a copy.
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In the six months before lodging her complaint, the limit of the WRC’s jurisdiction in the matter, the complainant said she had worked 18 Sundays without receiving any premium pay. Nor did she get “any extra pay” for working four bank holidays or the days off or pay in lieu required, she said.
She said that although she got an...
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