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Labour Court affirms 30% Sunday premium for Trinity City Hotel worker

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court affirmed a direction for Trinity Leisure Holdings Limited T/A Trinity City Hotel to pay Sofija Kolesnik a premium of 30% of the basic rate for Sunday hours worked from 25 September 2013 to 24 March 2014. The determination was signed on 17 January 2017.

The hotel’s cross-appeal failed because it gave no evidence of what part of Kolesnik’s hourly rate was specifically referable to Sunday work. The Court also found her complaints under the Terms of Employment (Information) Act 1994 well founded, but said the contract’s technical omissions caused no detriment and awarded no compensation.

Kolesnik’s appeal over an increase from 35 to 39 weekly hours after her employment transferred to the hotel was not well founded: her contract allowed hours to vary with business needs. Her appeal concerning the hotel’s Safety Statement also failed. The Court recommended that the hotel notify staff in writing when it revises the statement and hold meetings to explain relevant parts.

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