The Labour Court upheld the rejection of David Bialowas’s complaint against Tesco Ireland over his move from night work in Navan to day work in Drogheda. Its determination was dated 22 July 2019.
Bialowas said he had not signed the disputed 2014 contract or meeting notes and had not been notified that his salary would fall. Tesco Ireland said he requested the move, was told it could mean lower pay and had signed a contract under which the night premium ended when he moved to day work.
The Court considered whether the transfer changed his employment terms. Relying on its finding in a related Payment of Wages Act case that the terms had not changed, it concluded that no new contract was required and Tesco Ireland did not have to issue a statement under section 5 of the Terms of Employment (Information) Act.