Adrian Taranu, a driver for the Indian Embassy, has received a compensation of €1,300 for multiple breaches of the Organisation of Working Time Act 1997. Taranu argued that he was regularly made to work beyond his contracted hours, often missing his full 11-hour break between shifts, as evidenced by six specific instances in October and November 2022. Moreover, he alleged that he was not given the complete time off he was legally owed under Irish law, including public holidays. Taranu said he was expected to follow the Indian public holiday calendar instead of Ireland’s. The embassy did not attend the hearing at the Workplace Relations Commission (WRC) and instead claimed diplomatic immunity under the Vienna Convention on Diplomatic Relations, however, this claim was rejected. Taranu’s lawyer, Eoin O’Connor BL, instructed by Richard Bowman of Bowman McCabe Solicitors, argued that the Vienna Convention only allowed specific immunities for diplomatic agents and that Taranu, whose salary was subject to income tax and Irish statutory reductions, did not fit into that category. Despite the embassy denying the allegations and expressing surprise at the hearing, the WRC ruled in favour of Taranu.
Mr O’Connor confirmed that the plaintiff, who served as a driver and managed regular administrative duties for his employer, is a foreign national employed at a local level, and did not have roles associated with government authority. Referencing a 2012 ruling by the European Court of Human Rights (ECHR) about the application of sovereign immunity in employment conflicts, Arbitrator Jim Dolan stated in his verdict, “I reject the assertion that the responsibilities Mr Taranu carried out were part of public authority, hence sovereign immunity is not applicable”.
Dolan adjudged the initial complaint by Mr Taranu about violation of the Organisation of Working Time Act 1997, particularly concerning rest intervals between shifts, to be valid, and issued a directive “to guarantee that the plaintiff is given all statutory daily breaks”. Additionally, Dolan supported a further grievance about Mr Taranu not receiving his weekly rest after seven consecutive working days starting October 17th, 2022, and granted him €250 for the violation.
Mr Taranu was awarded €1,300 in total as compensation for the infringements of his working time.