The Labour Court varied the remedy in Elaine Ensko’s Sunday pay case against Clare County Council, reducing the premium from double time to time and a half while finding the council had breached working-time law. The determination was signed on 15 February 2007, and the revised premium applied retrospectively from 1 January 2004.
Ensko, a swimming instructor at the council’s Ennis leisure centre, worked every second Sunday and was paid €582.27 a week. The council argued that her pay already accounted for Sunday work and cited rates at other leisure centres. The union said she received the same weekly pay whether or not her roster included Sunday work.
The Court found the council had not shown that Ensko’s pay took account of Sunday work. It also found that neither the Water Sewerage Caretakers grade used to set her general rate nor hotel workers were comparable for deciding the appropriate Sunday premium. The Court amended the Rights Commissioner’s decision, directing that Ensko receive time plus 50% for all Sunday hours.