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WRC rejects HSE worker’s complaint over premium-day agreement

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found against Cathal Russell in his complaint that the Health Service Executive reneged on a verbal agreement about premium days. Adjudication Officer Brian Dolan’s decision was dated 27 April 2022.

Russell, a catering services manager, said he had agreed to work one premium day each month and sought reimbursement for missed premium payments. The HSE disputed that a verbal agreement existed and said his role was Monday to Friday.

The WRC found that the written contract allowed for premium pay for unsocial hours or night duty. It concluded that the alleged withdrawal of an earlier verbal offer did not contradict the contract’s hours provision or require an amendment, and found the complaint was not well founded.

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