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Labour Court varies night-shift premium recommendation with €12,000 payment to worker

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court varied a Rights Commissioner's recommendation and resolved a night-shift premium dispute with a €12,000 lump-sum payment to a worker at Campbell Catering Limited. The decision was dated 9 February 2009. Both parties had appealed the recommendation. The worker, employed as a night supervisor, said she had been told she would receive a 30% night-shift allowance after probation. Campbell Catering said her €12.65 hourly pay already included the allowance and that later payments were made in error.

The Rights Commissioner had recommended applying the premium from when the worker was first assigned to the night role. The union also raised a claim for overtime after 39 hours in a 42-hour contracted week, which the Rights Commissioner did not address. The Labour Court's decision resolved the premium payment issue with the lump sum; it noted the company's offer of retrospection to 1 May 2007 without making a recommendation on that matter.

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