Noonan Services Group wins appeal over €10.98 hourly rate

The Labour Court allowed Noonan Services Group Ltd’s appeal and set aside the Adjudication Officer’s decision in a complaint by Dureza Sumayao over her €10.98 hourly rate. The Court’s determination was dated 13 December 2022. Sumayao said her rate had not increased when Employment Regulation Orders were introduced after her employment transferred to Noonan Services Group in 2010. The company argued that her contract did not entitle her to recurring increases linked to those orders. The Court found no contractual, customary or collective agreement entitlement to the increases. Sumayao told the Court she would not attend the hearing and gave no reason or request to postpone. It found that Noonan Services Group had not breached the transfer regulations and allowed the appeal; the merits were decided.