Labour Court upholds decision on eight workers’ Sunday-premium claim

The Labour Court upheld the Rights Commissioner’s decision that eight workers were not entitled to a separate Sunday premium under the Organisation of Working Time Act 1997. Dated 24 November 2014, the determination concerned Rafal Jacek, Tomasz Bal, Michal Kublak, Marek Myjak, Marcin Mitusik, Jaroslaw Walisiak, Tomasz Patla and Rafal Gowin, who were employed by MK Human Resources Ltd T/A Temple Recruitment and assigned to Ryanair at Dublin Airport. The workers argued that their hourly rate did not distinguish Sunday work from work on other days. The employer said Sunday work was reflected in their contracts and pay, including an annual premium of €1,580.80 paid weekly whether or not an individual worked on a particular Sunday. The Court found the Sunday-work requirement had been taken into account in determining their pay, so the employer had not breached the Act. The workers’ appeal failed.