In 2002, the Labour Court upheld €3,000 compensation for a worker at Marks & Spencer (Ireland) Limited and changed a separate pay remedy on the employer's appeal. In a decision dated 1 August 2002, it replaced ongoing red-circled pay with compensation calculated by an agreed formula based on the Relief Deputy Supervisor rate for three nights per week.
The worker, a Sales Advisor on the evening team, said she understood that a successful application for a relief Deputy Supervisor post meant acting in that role three nights a week. Marks & Spencer said it had not guaranteed those hours and had offered two evenings instead. Mandate argued that the vacancies and job details should have been advertised and explained. The Court regarded the Rights Commissioner's approach as reasonable, upheld the €3,000 compensation and modified the separate pay remedy.