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WRC awards barista €1,356 over missing employment terms

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission ordered Taoufik Hammami trading as Fly Coffee to pay barista Ciara Georgina Dwyer €1,356 for failing to provide written employment terms. The WRC decision was dated 28 May 2024. Dwyer said she resigned because of her treatment after joining a trade union, and also complained about missing employment terms, unpaid Sunday premiums and short notice of shifts. Hammami accepted the contract was late and that shift notice was sometimes inadequate, but denied the Sunday premium claim and union-related constructive dismissal. The WRC upheld the claims over employment terms, Sunday premiums and notice of working hours. It ordered Hammami to pay €1,356, equal to four weeks’ remuneration, for the missing terms; €106 for the Sunday premium on hours worked on six Sundays; and €300 for the short-notice breach. The Sunday premium is extra pay for Sunday work, while the hours rule requires employers to give at least 24 hours’ notice of start and finish times. The constructive dismissal complaint was not well founded. The officer found Dwyer had resigned without raising a grievance about reduced hours or treatment before leaving, so the dismissal claim failed.

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