Labour Court upholds 32 cent hourly night-rate increase for Artur Zbien

The Labour Court upheld a decision requiring Noonan Services Group Limited to increase Artur Zbien’s night-shift rate 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 rate as a specific payment. Zbien argued that the rate had historically risen with Employment Regulation Order increases and remained linked to his basic rate. The Court found that past increases had maintained the difference between night and day rates, and that a due diligence document indicated both rates were adjusted in line with Employment Regulation Orders. It found the increase properly payable and upheld the Adjudication Officer’s decision.