Labour Court upholds 32 cent hourly night-rate increase for Piotr Wedlarski

The Labour Court upheld a decision requiring Noonan Services Group Limited to increase Piotr Wedlarski’s night-shift pay by 32 cent gross an hour. The determination was dated 28 March 2018. Noonan Services Group Limited appealed the Payment of Wages Act decision, saying it understood the night-shift rate as a specific payment rather than one linked to the day rate. Wedlarski argued that the rate had historically risen with Employment Regulation Order increases and that the link transferred with his employment. The Court found that earlier increases maintained the difference between night and day rates. A due diligence document also indicated that both rates were adjusted in line with Employment Regulation Orders. It found the increase properly payable and upheld the Adjudication Officer’s decision.