Labour Court upholds Martin Treacy’s holiday pay entitlement after Kvaerner appeal

In 2001, the Labour Court dismissed Kvaerner Cementation (Ireland) Limited’s appeal and affirmed Martin Treacy’s entitlement to holiday pay under the Organisation of Working Time Act, 1997. The determination was dated 31 January 2001. Treacy was entitled to five days’ annual leave pay at £40 a day and pay at the same rate for each of five public holidays, less any premiums he received for working on a public holiday. The company argued its £5 hourly rate included holiday pay. The Court found that an hourly pay element could not replace paid leave and that the arrangement operated as an allowance in lieu of holidays.