The Labour Court set aside a Rights Commissioner’s decision in Roman Protsenko’s appeal against Brinks Ireland Ltd, finding that his contract required him to work Sundays. Protsenko had argued that being rostered on Sundays breached the statutory rest-day rule. The Court found that his contract contained an implied term allowing Brinks to roster him for Sunday work.
Brinks argued that Sunday work was an established feature of security work and an implied part of Protsenko’s contract. The Court noted that he had worked Sundays for years and that the security industry order provided for a Sunday premium. It also rejected the argument that a failure to provide written terms could change the actual terms of the contract.
The Court’s determination was signed on 16 February 2015. Protsenko had previously received compensation in a separate Rights Commissioner decision for not receiving a Sunday premium. The appeal before the Labour Court concerned whether his contract allowed Sunday rosters; the Court substituted its determination that he was contractually obliged to work Sundays.