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Parents awarded €9,000 after school refused their son's life-saving allergy medicine

The boy suffers from severe allergic reactions after ingestion of wheat-based foods followed by physical exercise.

A SCHOOL REFUSED to allow a nine-year-old boy’s allergy medication into the school while in a dispute with his parents, according to a complaint submitted to the Workplace Relations Commission (WRC).

The boy, who was in second class from 2014-2015 when the incident happened, suffers from wheat-dependent exercise-induced anaphylaxis which triggers a severe allergic reaction after ingestion of wheat-based foods followed by physical exercise.

Therefore, he must have access to an emergency anaphylaxis medical kit, containing adrenaline auto-injectors, inhaler and anti-histamines.

But the parents of the boy submitted a complaint against their son’s Gaelscoil after they apparently refused to accept the boy’s emergency medical kit on the school premises for nine school days (five days of which the boy was absent from school).

The WRC’s adjudication officer found that he had been discriminated against and awarded the family €9,000 – saying that the ”emergency medical kit contained life-saving medication so it was a serious breach of the Acts”.

Prior events

shutterstock_433579909 Shutterstock / Remizov Shutterstock / Remizov / Remizov

The parents had formally notified the principal and board of management of his medical requirements, and for three academic years this kit was kept in the school office without difficulty.

But at the start of the 2013-2014 academic year, the parents were handed an indemnity form where they were to required to agree to see whether one of the three members of staff trained to administer the emergency medicine were working that day.

The parents maintain that this was very onerous as not every member of staff is always standing outside.

The parents questioned if none of the three teachers were there for the full day, were they expected to bring their son home in those circumstances.

In November 2013 the Board wrote to the parents with the following:

It is the view of the Board that it is a matter for you, as parents to take the necessary steps to satisfy yourselves the relevant teachers who have volunteered to administer the medication (in this case an adrenaline injection) in the event of an allergic reaction are in attendance and available in school on any given day or occasion.
The school will endeavour to accommodate you in every reasonable way in the unlikely event that none of the volunteering teachers are not in attendance/available.

In shock, the boy’s father accepted the kit back but approached a member of the Board of Management to express his dismay.

What followed was a series of back and forths between the parents of the boy, the school and educational departments. In the meantime, the boy said he wanted to go to school – but his parents were reticent as the emergency kit would not be in the school.

On 29 August 2014 (the second day of the academic year), they gave him anti-histamines and his father took the day off work so that could stay outside the school in case anything went wrong.

The parents knew that the staff were due to receive training that afternoon so they assumed that the school would accept the emergency kit the following Monday (1 September).

Due to a family bereavement the boy was absent from school from 1 to 4 September.

When the complainant’s father presented the emergency medical kit to the vice principal on Friday 5 September she refused to accept it as the board of management was updating its policies.

The boy’s parents said that this incident upset their son as he had his school uniform on and was at the school when he was told he couldn’t attend. He wanted to see his friends as he had been at a funeral the previous three days. His parents say he remained upset for the rest of the weekend.

shutterstock_407103847 Shutterstock / Rawpixel.com Shutterstock / Rawpixel.com / Rawpixel.com

On Monday 8 September the vice principal again refused to accept the emergency kit. The school principal came on the scene reiterated this position.

The boy’s mother pointed out that this was unreasonable as it had taken four months to agree the previous policy but the emergency kit was still kept in the school.

The principal replied that it was the mother who had asked for the letter of indemnity to be changed, but the parents replied that this is only one word and it should not take six working days to sort out.

Decision

In the Gaelscoil’s defence, they said that there are four other families with children with similar disabilities, and were all treated in the exactly the same way.

They were asked to arrange for an appropriate medical practitioner to address the staff who volunteered to administer the medication and to sign an appropriate indemnity form.

The WRC’s adjudication officer found that the boy had been discriminated against on the grounds of disability, and that the school had not ‘rebutted’ adequately. The family were awarded €9,000 in compensation as the boy’s “emergency medical kit contained life-saving medication so it was a serious breach of the Acts”.

The adjudication officer also requested that the Gaelscoil redraft their policy on storing medicine and requested that they engage with Anaphylaxis Ireland on this.

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35 Comments
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    Mute Paul Furey
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    Sep 17th 2020, 10:49 AM

    The great thing about being self employed is that you can pick which 14 hours a day you want to work, each day of the week…..pre and post covid that is!

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    Mute JusticeForJoe
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    Sep 17th 2020, 10:51 AM

    @Paul Furey: I can’t tell whether you’re bragging or complaining

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    Mute Bernard Mc Donnell
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    Sep 17th 2020, 11:12 AM

    @Paul Furey: Its a no brainer , Hunch.

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    Mute jackamy
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    Sep 17th 2020, 11:22 AM

    @Paul Furey: you can hum that one!

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    Mute Lurfic
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    Sep 17th 2020, 1:24 PM

    @Paul Furey: you’re doing it wrong, Paul.

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    Mute SteveBuzzard
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    Sep 17th 2020, 3:05 PM

    @Paul Furey: Just think of all the money you’re making.

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    Mute thomas mitchell
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    Sep 17th 2020, 7:47 PM

    @Paul Furey: Well said, haven’t time to scratch ,love a 5 day week

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    Mute Stupid Blanket
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    Sep 17th 2020, 10:52 AM

    What kind of monsters voted no!!

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    Mute John Lyons
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    Sep 17th 2020, 11:18 AM

    @S Blanket: people who realize that the only ones who would benefit are state employees and state sponsored- private sector workers have to get the job done regardless of hours

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    Mute James Hayes
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    Sep 17th 2020, 11:28 AM

    Part timers

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    Mute Seaniecp
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    Sep 17th 2020, 11:31 AM

    @John Lyons: there is plenty of examples I would say of people who would benefit from this who are private sector workers. Making this a public vs private is predictable and nonsense.

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    Mute DeWitt
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    Sep 17th 2020, 11:46 AM

    @John Lyons: 200 percent

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    Mute Trevor Donoghue
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    Sep 17th 2020, 1:05 PM

    @John Lyons: Probably all of those who work 12 hour 24/7 shifts i guess.

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    Mute DeWitt
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    Sep 17th 2020, 2:01 PM

    @Seaniecp: might be predictable but is certainly not nonsense. The mismanagement and lack of accountability in the public sector makes it a very valid comment

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    Mute Seaniecp
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    Sep 17th 2020, 2:10 PM

    @DeWitt: whatever your opinion of public sector workers and system does not invalidate the opinion that this would suit many workers in the private sector.

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    Mute thesaltyurchin
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    Sep 17th 2020, 2:42 PM

    @John Lyons: Lol! My team my team!

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    Mute Hector Son
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    Sep 17th 2020, 10:48 AM

    10 hour days for the 4 days you do work?
    Start at 8, finish at 7 with an hour for lunch.
    no thanks. Quality of life for those 4 days decreases dramatically.

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    Mute NickyVera
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    Sep 17th 2020, 10:52 AM

    @Hector Son: a lot of places that have brought in the 4 day week still do 9-5. It’s an old concept that we need 40 hours to get stuff done and it’s been proven people are more productive when they have less time.

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    Mute Thomas
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    Sep 17th 2020, 12:37 PM

    @Hector Son: Agreed. With the long hours no errands or chores can be done. So your three days off maybe filled catching up with them.

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    Mute richard fennessy
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    Sep 17th 2020, 2:24 PM

    @Hector Son: that’s not the idea at all

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    Mute Hector Son
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    Sep 17th 2020, 2:50 PM

    @richard fennessy: can you elaborate please.
    8 hours x 4 days, same pay but employee expected to do the same amount of work in 32 hours that they currently do in 40?
    or
    reduced pay?

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    Mute Trevor Donoghue
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    Sep 17th 2020, 8:42 PM

    @NickyVera: actually the opposite, we have move away from a 40 hour 9 to 5 jobs and now we are much closer to a 24/7 working week. I’ve never worked anywhere in over 30+ years that was not running 24/7 night and day.

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    Mute Dan
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    Sep 17th 2020, 10:48 AM

    3 days be nice

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    Mute Em Watson
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    Sep 17th 2020, 12:22 PM

    My office do a 4 day week. We are open the full 7 but shifts are worked out on a team basis. It’s great to have the 3 days off for short trips away etc Without having to dip into annual leave. It’s good for employers as well especially if they are productivity driven. 1 less lunch break and 2 less breaks per employee per week

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    Mute pat seery
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    Sep 17th 2020, 11:11 AM

    Your next poll should be asking Turkeys would they Vote to retain CHRISTMAS

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    Mute Peter
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    Sep 17th 2020, 11:11 AM

    Tumble out of bed and I stumble to the kitchen..

    You did sing it, right?!

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    Mute Maalouf
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    Sep 17th 2020, 11:03 AM

    I do three 12 hour days no break. Done.

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    Mute Joe_X
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    Sep 17th 2020, 11:20 AM

    Only if they pay appropriate overtime when I work the 5th, 6th and 7th days!

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    Mute Davis Payne
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    Sep 17th 2020, 12:12 PM

    35 hour work week with a 40 hour wage is the answer.

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    Mute Maalouf
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    Sep 17th 2020, 12:32 PM

    @Davis Payne: preach

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    Mute Maria Clery-Breen
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    Sep 17th 2020, 1:28 PM

    Schools could easily be on four day week.
    And look at all the hours that they would save if they took religion off the curriculum.
    Let parents teach their children about their gods .

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    Mute Keith Fay
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    Sep 17th 2020, 11:20 AM

    We would need the whole world to buy into it for it to work. If employers based in the US, for example, hear Ireland are now doing 4 days a week but other countries are not, they will favour the candidates coming from other countries

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    Mute Ajax Penumbra
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    Sep 17th 2020, 12:37 PM

    @Keith Fay: Just because the employees are doing a four-day week, doesn’t mean the company is. Not all the employees will be off at the same time while the company closes doors for a day.

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    Mute Wreck Tangle
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    Sep 17th 2020, 1:48 PM

    @Keith Fay: is completely achievable once companies are set up to deal with it.

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    Mute Sara Davis
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    Sep 17th 2020, 4:26 PM

    @Ajax Penumbra: so are schools and childcare facilities going to pick which four days they are open? And will you then pick your employer based on them fitting in with childcare? Or will couples have different days off so they can mind the children? And how about other services like county council offices, GPs, dentists, etc. Will they all pick which four days they’ll open because their staff will need to fit in with childcare? Or will it just be your job that lets you move to a four day week while everyone else covers the five days to fit in with your employer’s schedule? Realistically a four day week will only work if the extra day off is the same for everyone.

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    Mute John McSweeney
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    Sep 17th 2020, 10:47 AM

    Well… duh!

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    Mute Ted Logan
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    Sep 17th 2020, 12:09 PM

    The bigger question is Friday or Monday for the third day of the weekend??

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    Mute Maalouf
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    Sep 17th 2020, 12:32 PM

    @Ted Logan: monday. Having a Friday off is glorious.

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    Mute IrishGal26
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    Sep 17th 2020, 3:00 PM

    @Ted Logan: Oh definitely Friday for me!

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    Mute Iósua Ó Nuailann
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    Sep 17th 2020, 2:27 PM

    I say we give it a trial period and see how it goes. We were kind of accidentally forced into an extended trial of telecommuting by covid, and it’s turned out the technology is basically good enough that quite a few industries can pull it off. Now I’m not so sure everyone will even want to return to the office after this is all over, and the transfer of the work space from the real to the virtual will save us commuting emissions and safe businesses overhead costs.

    So maybe trying grand, innovative things is the secret to progress in the workplace, and we might all stand to benefit from it.

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    Mute Denis Pollard
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    Sep 17th 2020, 12:44 PM

    I did do 4 days pre covid and loved it 3 day weekend. No sign of it coming back anytime soon. Granted you don’t have a good quality of life when working the 4 days but at least your off for 3 days and handy for going away for weekends as you didn’t need to use any A/L.

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    Mute Thiago Schmitz
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    Sep 17th 2020, 12:23 PM

    If that means keeping the same number of working hours, I agree. Otherwise it will end up decresing the quality of life on the 4 days.

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    Mute Seaniecp
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    Sep 17th 2020, 3:14 PM

    @Thiago Schmitz: then your just looking for a day off paid. The hours would have to increase. Wouldnt suit everybody but might suit many. I guess it would be ideal if there was a choice. An earlier start with longer days to free up evenings and have an extra day off sounds good to me. None of this is relevant directly to me as it wont factor with my employment. The wife would like it doh.

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    Mute Seaniecp
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    Sep 17th 2020, 3:14 PM

    @Seaniecp: happy wife happy life

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    Mute Gary Kearney
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    Sep 17th 2020, 2:49 PM

    A 4 day week is easy to work out. It is about staff rotation. Shops are open 7 days a week, the staff rotate. emergency services 24/7 7days a week, staff rotate.
    Instead of a 5 day obligation to work you have a 4 day obligation to work. The days off can change but the amount of time worked is the same.
    What is o hard to understand about that.

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    Mute Marie Broomfield
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    Sep 17th 2020, 12:32 PM

    There should be an OBVIOUSLY choice !

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    Mute Liam Mc Meel
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    Sep 17th 2020, 2:57 PM

    Been doing a 4 day work week for many years now

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    Mute Jim Moran
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    Sep 17th 2020, 1:44 PM

    This is the greatest load of rubbish ever published. The country is on its knees and we want people to work 4 days a week. Where is this coming from. What will people do with all their spare time. Everyone get a grip push on and make Ireland great again

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    Mute Denis O 'Brien
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    Sep 17th 2020, 2:24 PM

    @Jim Moran: I imagine the same argument was made when the western world moved from 6 days to 5

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    Mute Iósua Ó Nuailann
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    Sep 17th 2020, 2:38 PM

    @Jim Moran: “make ireland great again” – colonialism and partition were never particularly great for us. Not that the people weren’t great, we were just held back by callous Westminster rule, catholic theocracy and civil strife.

    The “greatest” period in Irish history was the Celtic Tiger period between 2001-08, but even then that was kind of a bubble economy, it wasn’t stable enough to withstand the global recession. So again it wasn’t that great.

    We’ve never succeeded by trying to outmuscle other countries with more people and capital, it’s always been about the knowledge economy, not the raw labour output. We should be working smarter, not harder.

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    Mute Fifty Shades of Sé
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    Sep 17th 2020, 5:32 PM

    @Jim Moran: What will people do with their spare time? Learn the proper use of punctuation, perhaps?

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    Mute sean o'dhubhghaill
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    Sep 17th 2020, 1:07 PM

    How will it work for schools?

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    Mute John Lyons
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    Sep 17th 2020, 3:16 PM

    @sean o’dhubhghaill: teachers will work even less hours

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    Mute Declan McArdle
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    Sep 17th 2020, 3:30 PM

    Does that mean civil servants go from 36.25 hours a week to 29?

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    Mute SteveBuzzard
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    Sep 17th 2020, 3:02 PM

    Many top PS workers are already overpaid on €100k+ (RTE, ESB, Politicians etc,) so why on earth would they get paid the same for working 20% less?? Those in private sector will be footing the bill. Half of higher PS workers have been ‘remote working’ since march and still on full pay.

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    Mute Ajax Penumbra
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    Sep 17th 2020, 3:17 PM

    @SteveBuzzard: Who said anything about working less? If you do 40 hours in a week, four ten-hour days is the same as five eight-hour days.

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    Mute Conall
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    Sep 17th 2020, 10:09 PM

    @SteveBuzzard: They’re still on full pay because they’re doing the same amount of work, just from home. Much of the private sector are doing exactly the same. And in case you missed it in the comments earlier, you don’t work 20% less. Start a bit early, have a short lunch and work a bit later for 4 days. No one does anything useful on a Friday afternoon in most organisations anyway

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    Mute SteveBuzzard
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    Sep 18th 2020, 1:00 PM

    @Ajax Penumbra: Fair enough….Its still a luxury talking about this topic in light of the current situation; ie severe recession.

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    Mute Mark Hosford
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    Sep 17th 2020, 11:44 AM

    4 nine hour days ? Work 4 days out of 6…. So more stuff open on saturdays ,? Maybe not ..

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    Mute Micheal S. O' Ceilleachair
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    Sep 17th 2020, 5:24 PM

    Who wouldn’t??

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    Mute K C
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    Sep 17th 2020, 12:19 PM

    A 4 day week wouldn’t suit every job. A lot of companies get deliveries of stock from the UK and other countries so they have to work around that.

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    Mute cars
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    Sep 17th 2020, 12:31 PM

    @K C: companies don’t have to give all employees the same day off. It’s an easy workaround.

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    Mute Tom Hand
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    Sep 18th 2020, 3:29 PM

    40hrs 9-5 mon-fri is so 1900′s.

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    Mute Richard Barrett
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    Sep 18th 2020, 9:56 AM

    Yes, unhesitatingly where the job permits it.

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    Mute thesaltyurchin
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    Sep 17th 2020, 2:49 PM

    Depends on the circumstances and the jobs involved, there are so many variables that the only way to make the article interesting enough for the rabble is to generalise it. Every business, institution and individual needs to way up the options for themselves, many already have it, some don’t want it. etc.

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    Mute Charles Williams
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    Sep 17th 2020, 9:41 PM

    Depending on the business, a factory can work a 10 hour day and put in 40 hours over 4 days, but a receptionist on a 5 day week business is required 9 to 5 over the 5 days.

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    Mute Trevor Donoghue
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    Sep 18th 2020, 5:03 PM

    @Charles Williams: But many factories work 24/7 at least everyone i’ve worked in over the last 30+ years. You can’t just shutdown and restart production lines like that. and the lines run 24/7 because that’s what you need to do to meet demand.

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    Mute Michael J Hartnett
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    Sep 17th 2020, 1:59 PM

    7 days a week for me right now. 5 weeks on 5 days off but I’ll gladly work it if I get twice the pay.

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    Mute Eddie Michael
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    Sep 17th 2020, 1:59 PM

    People have been working from home over the Last few months its no longer work life balance but life work balance.

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    Mute Cathal Meehan
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    Sep 17th 2020, 1:49 PM

    No guarantee of getting the Friday off (or the Monday). Business will have to remain open Mom – Fri. Your “day off” may be on a rota basis or fixed to a specific day midweek. Plus if you still have to keep a 40 hour week, the 4 days you work will have a knock on effect on quality of life.

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    Mute Type17
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    Sep 19th 2020, 7:00 PM

    I’ve been working a four-day week for the last few years, and it’s great – much better work-life balance and you’re much happier and lively at work when you remember that you’re halfway through your week at the end of the second day. It should also be noted that going to four days means a decrease of 20% of your work week, but an increase of 50% to your weekend.

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    Mute Paul Dunne
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    Sep 17th 2020, 5:33 PM

    4 days 7am – 8pm

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    Mute Sandra Finnegan
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    Sep 17th 2020, 11:51 PM

    Ha! It’s a struggle to get everything done as is in 5 days, if I had to do it in 4 I’d burn out fast This! This is not really possible for many many people.

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