The Labour Court affirmed a direction requiring Trinity Leisure Holdings Limited T/A Trinity City Hotel to pay Sofija Kolesnik a premium of 30% of her basic rate for Sunday hours worked from 25 September 2013 to 24 March 2014. The decision was signed on 17 January 2017.
Kolesnik appealed several decisions and the hotel cross-appealed the Sunday-premium decision. The cross-appeal failed because the hotel provided no evidence showing what part of her hourly rate was specifically referable to Sunday work. The Court also found technical breaches of the Terms of Employment (Information) Act 1994, but said they caused no detriment and merited no compensation.
Her appeal over increased hours after the employment transfer was not well founded: the contract allowed hours to vary with business needs and that term carried through the transfer. The appeal concerning the hotel’s safety statement also failed, although the Court recommended written notice of revisions and meetings to explain relevant parts to employees.