The WRC rejected sessional pharmacist Eoghan Daly's complaint against the HSE over pay for weekend hours removed after clinic opening times were cut. In a decision dated 15 July 2021, it found the disputed hour fell within a band of excess hours and was not part of his basic working week.
Daly said he had regularly worked weekends since 2003 and that three hours were deducted from his pay for each weekend after the clinic reduced its Saturday and Sunday opening hours in November 2019. He argued that the deduction was unlawful. The HSE said the weekend sessions had been reduced after a review prompted by difficulties maintaining safe staffing, and that regular sessions were not fixed indefinitely.
The WRC found that the change meant Daly was required to work one hour less. He continued to claim payment for that hour despite not being asked to work it, and confirmed that he had not worked it. The WRC found the complaint was not well founded. Its decision turned on the finding that the hour was excess time rather than a reduction to the basic working week.