Kildare shop’s Sunday premium deemed flawed in WRC case

A FORMER employee of Cross Centra Roseberry Hill in Newbridge has won a Workplace Relations Commission (WRC) case after an adjudication officer ruled that a 5 per cent Sunday premium paid by the retailer was not proper.

The adjudication officer found in favour of former employee Berk Atakan under the Organisation of Working Time Act.

Mr Atakan, who worked for the retailer from April 2022 until February 2026, argued that the 5 per cent Sunday premium paid by the company was “more symbolic than reasonable compensation”.

He told the hearing that his contract stated he would receive a premium for Sunday work but did not specify the rate. He said he only became aware of the level of payment after making enquiries with management.

The complainant said he could work a 12-hour Sunday shift and receive just 71 cent extra per hour. He argued that many retailers paid significantly higher Sunday rates, adding that he had since signed a contract with another retailer offering “time and a half” for Sunday work.

The company argued that the 5 per cent premium applied to all employees and that the legislation did not prescribe a specific rate of Sunday pay. The employer also noted that the complaint was outside the statutory time limit, saying the worker should have been aware of the premium from his payslips dating back to 2022.

However, it was ruled that the complaint was a “subsisting issue” and therefore within time for the permitted period between 11 April and 10 October 2025.

The adjudication officer said there was no evidence that the Sunday premium had been negotiated with staff, as required under the code of practice.

He also noted evidence that some staff contracts referenced a 20 per cent Sunday premium. He ordered the company to pay Mr Atakan a 33 per cent premium for all Sunday hours worked during the six-month period covered, as well as €500 compensation for the time and effort involved in the case.

In a separate WRC ruling involving the same employer, former supervisor Adam Callan failed in a claim that he had been underpaid Sunday premiums, arguing that a revised contract issued to him in July 2025 stated that Sunday work would be paid at “time and a fifth”, equating to a 20 per cent premium.

The retailer maintained that this was a drafting error and that all staff had always received a 5 per cent Sunday premium, which was accepted by the adjudication officer in that case.