Labour Court sets aside holiday pay decision after claimants miss hearing

The Labour Court allowed Canada Life Assurance’s appeal and set aside a Rights Commissioner’s decision in favour of Philip Bowden and four other sales managers. The determination was dated 3 May 2001. The dispute concerned whether commission earned by the managers should count towards holiday pay. Canada Life argued that they were employed to manage sales teams for a fixed salary, and that commission from selling policies in their own time was not part of that salary. The claimants did not attend the hearing; the merits were not decided.