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Labour Court upholds 32 cent hourly night-rate increase for Tomasz Sieradzan

By Orla Quinn

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld a 32 cent gross hourly increase in Tomasz Sieradzan’s night-shift rate in his appeal against Noonan Services Group Limited. The determination was dated 28 March 2018. Noonan Services Group said it understood the night-shift rate to be a specific payment, separate from the basic rate. Sieradzan argued that the rate had historically risen with Employment Regulation Order increases and remained linked to his basic pay. A company due diligence spreadsheet indicated that both rates were adjusted under the order. The Court found the increase was properly payable and upheld the Adjudication Officer’s decision on Sieradzan’s Payment of Wages Act complaint.

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