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Organisation of Working Time Act, 1997 (No. 20)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-10)1. Short title and commencement.2. Interpretation.3. Non-application of Act or provisions thereof.4. Exemptions.5. Employer relieved from complying with certain provisions in certain circumstances.6. Compensatory rest periods.7. Regulations and orders.8. Inspectors.9. Repeals.10. Expenses.Part II Minimum Rest Periods and other matters relating to Working Time (ss. 11-18)11. Daily rest period.12. Rests and intervals at work.13. Weekly rest periods.14. Sunday work: supplemental provisions.15. Weekly working hours.16. Nightly working hours.17. Provision of information in relation to working time.18. Prohibition of zero hours working practices in certain circumstances and minimum payment in certain circumstances.18A. Banded hours.Part III Holidays (ss. 19-23)19. Entitlement to annual leave.20. Times and pay for annual leave.21. Entitlement in respect of public holidays.22. Public holidays: supplemental provisions.23. Compensation on cesser of employment.Part IV Miscellaneous (ss. 24-41)24. Approval of collective agreements by Labour Court.25. Records.26. Refusal by an employee to cooperate with employer in breaching Act.27. Complaints to rights commissioner.28. Decision of Labour Court on appeal from decision referred to in section 27(3).29. Enforcement of determinations of Labour Court.30. Evidence of failure to attend before or give evidence or produce documents to Labour Court.31. References to rights commissioner by Minister.32. Provisions in relation to outworkers who are employees.33. Prohibition on double employment.34. Penalties, proceedings, etc.35. Codes of practice.36. Provisions in relation to Protection of Young Persons (Employment) Act, 1996.37. Voidance of certain provisions.38. Amendment of section 51 of Safety, Health and Welfare at Work Act, 1989.39. Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain cases.40. Alternative means of claiming relief in cases of non-compliance with Part III.41. Increase of penalties under certain enactments.First Schedule Transitional Provisions in relation to Annual Leave EntitlementsSecond Schedule Public HolidaysThird Schedule Entitlement under section 21 in respect of Public Holidays: ExceptionsFourth Schedule Enactments RepealedFifth Schedule Transitional Provisions in relation to section 15(1)Sixth Schedule Text of Council Directive
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 4 March 2019 - onwards
Version 4 of 4

26. Refusal by an employee to cooperate with employer in breaching Act.

(1) An employer shall not penalise or threaten penalisation of an employee for -

(a) invoking any right conferred on him or her by this Act,

(b) having in good faith opposed by lawful means an act that is unlawful under this Act,

(c) giving evidence in any proceedings under this Act, or

(d) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.

(2) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(3) In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint of a failure to comply with subsection (1) it shall be presumed until the contrary is proved that the employee concerned has acted reasonably and in good faith in forming the opinion and making the communication concerned.

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