The Labour Court upheld a 32 cent gross-per-hour increase in Tadeusz Majcher’s night-shift pay on Noonan Services Group Limited’s appeal. In a determination dated 28 March 2018, it found the increase was properly payable for each night-shift hour in the relevant period.
Majcher said his night-shift rate was linked to the basic rate under an Employment Regulation Order and that the difference between the rates had been maintained through earlier increases. Noonan Services Group Limited said it understood the night-shift rate to be fixed and knew of no collective agreement requiring it to rise with the basic rate.
The Court found that earlier increases had maintained a consistent difference between day and night rates. It also found that Noonan’s due-diligence document indicated both rates were adjusted in line with Employment Regulation Orders. The increase applied from 3 May to 2 November 2016.