The Labour Court affirmed a €3,000 award to chef Eamon O’ Gorman for Sunday work and set aside a separate €120 holiday-pay award on Carraway Investments Limited Trading As Ashbourne House Hotel’s appeal. The original determination was signed on 7 December 2006; a later determination dated 22 February 2007 corrected the employer’s name.
O’ Gorman worked at the hotel from July 2005 to April 2006. The Rights Commissioner had upheld both complaints and awarded him €3,140 after the company failed to attend that hearing. The company said its records showed he had received his full annual leave and that his hourly rate included Sunday compensation. O’ Gorman said he was short one day of leave and had not been told Sunday compensation was included.
The Labour Court found that chefs who were not required to work Sundays received the same hourly rate as O’ Gorman, so his pay did not compensate him for Sunday work. It upheld that complaint and affirmed the €3,000 award. The Court found he had received his full annual leave entitlement, so that complaint was not well founded and the €120 award was set aside.