Courts / Dublin / Report
Hospital chaplain wins claim for double time on Sundays
Summary
Reverend Liam Cuffe, chaplain at St Vincent's University Hospital since 1999, won a claim for unpaid Sunday premium pay. The Workplace Relations Commission found the hospital breached the Organisation of Working Time Act 1997 by failing to pay a Sunday premium, despite the chaplain's contract requiring weekend work. Cuffe's trade union argued that the contract was silent on Sunday premium, and that HSE guidance entitled employees working a 5‑over‑7 roster to receive single‑time extra for Sunday hours. The hospital claimed it had paid the premium from 6 November 2023 in good faith, but the adjudicator ruled that the hospital had no pre‑existing contractual entitlement and that the email confirming double‑time from that date was unequivocal. The tribunal ordered the hospital to pay Cuffe €2,627 for the breach, covering his economic loss up to 6 November 2023. The decision highlighted the employer's duty to ensure statutory and contractual entitlements are met.
Who, what, where, when and why
What: Report matter: Hospital chaplain wins claim for double time on Sundays. Procedural stage: hearing_or_decision
When:
- June 2022 Other
- 6 November 2023 Other
- 21 October 2024 Other
- 6 November Other
- 2001 and 2006 Other
- 2024-11-14 Publication
Why: This was because there had been a "lack of legal certainty" about the contractual provision for Sunday premium, because the issue was not raised with the employer earlier than 2022, and because payments began as soon as the entitlement was confirmed, she wrote. CNI source report
Places mentioned
- St Vincent's University Hospital
- The hospital
Topics
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