The Complainant commenced work with the Respondent in June 2018 as Head Chef and resigned in August 2018. His contract of employment did not comply with the Terms of Employment (Information) Act 1994. The Complainant did not receive compensation for working on Sundays. The contract given to the Complainant stated weekly working hours of 50 per week which was also in breach of the Organisation of Working Time Act.

The Complainant declined the standard statement of main terms ordinarily offered to employees. The Complainant stated his preference for setting out his own terms in light of the prior professional relationship between Complainant and Respondent. In particular, the Complainant specified that he would work Wednesday to Sunday only. The Complainant specified that he wished to work for 50 hours per week at a rate of €20.00 per hour.  As the Complainant worked a highly regular working week it was understood by both Complainant and Respondent that the rate of pay was to be inclusive of statutory entitlement, including Sunday Premium.

The Complainant stated that he was not aware of his entitlement to reasonable compensation for Sunday work until he attended the Citizens Information Centre upon termination of his employment. The Adjudication Officer awarded the Complainant the sum of €700 in respect of the failure to pay the complainant a Sunday premium. The Complainant was also awarded a further sum of €200 for the breach of the Terms of Employment (Information) Act.
https://www.workplacerelations.ie/en/cases/2020/february/adj-00018854.html