Background:

The Complainant commenced employment in March 2022 and was let go in July 2022. The Complainant submitted that he did not receive any additional premium for working several Sundays between the months of April – July 2022.  It was the Complainant’s case that under employment  legislation, he was entitled to receive a Sunday premium for those dates.

The Complainant submitted that he received a partial payment for the bank holidays in April and May, 2022.

The Respondent submitted that the Complainant was paid a standard rate of payment and under his contract he was required to be flexible in his hours of attendance. The Respondent accepted that the Complainant worked Sunday hours and submitted it does not pay any form of Sunday premium.  The contract of employment was silent on the issue.

Outcome:

The Respondent was ordered to pay the Complainant the sum of €10,725 compensation for breaching the Organisation of Working Time Act.

Practical Guidance for Employers:

Employers are required to comply with the payment of Sunday premium for all employees. Employers can pay the employee working on a Sunday an allowance it considers reasonable in the circumstances or increase the employee’s rate of pay by such an amount as is reasonable having regard to all the circumstances or grant the employee such paid time off from work as is reasonable.

The full case is here:
https://www.workplacerelations.ie/en/cases/2023/april/adj-00039517.html