The Labour Court rejected Thomas Smyth’s appeal against Tesco Ireland Limited over a salary reduction after he moved from night work to a day and evening role. Smyth argued that his Line Manager contract did not specify a night premium and that his pay should not have been reduced.
Tesco said the €44,100 salary paid for his night-shift Line Manager role included a one-third premium for working nights. The Court found that the premium ceased when Smyth transferred to days and evenings in January 2015. It upheld the Adjudication Officer’s decision that there was no unlawful deduction of wages. The Labour Court decision was signed on 2 August 2016.