Employment Relations Authority – Unlawful deductions – Unpaid breaks – “Park and ride” shuttle bus driver
At issue was whether the employer was entitled to deduct 7.5 minutes off every hour the employee worked as an unpaid “health and safety” break.
The employee worked as a “park and ride” shuttle bus driver. The employer claimed the employee “requested unpaid break time” of 7.5 minutes per hour of her work, in order to ensure the health and safety of the employee and her passengers while she was driving (see paras 2, 3). The employer paid her wages on that basis. The employer sought arrears from the employer to compensate her for the unpaid breaks.
The Authority found the employer was not entitled to deduct 7.5 minutes per hour from the employee’s wages, even with her agreement (see paras 12, 15). The Authority determined the unpaid break was not a break of the type authorised by Part 6D (external link) of the Act, which provides for paid rest breaks and unpaid meal breaks (see para 13). The Authority stated that if the employee did need breaks for health and safety reasons, these breaks must be paid (see para 14).
The Authority ordered the employer to pay the arrears resulting from the unpaid breaks with interest (see paras 16 to 19).