The Labour Court upheld a €350 holiday-pay award to Fiona Lacey, dismissing an appeal by her former employer, Curust Industries Limited. The determination was dated 30 September 2003.
Lacey worked for the company from 27 May to 25 August 2002 and claimed €350 in holiday pay. Curust argued that holiday costs were included in an all-inclusive net weekly wage agreed with Lacey.
The Court said an agreement cannot exclude or limit statutory holiday rights, and an employer cannot meet its holiday-pay obligations by building a payment into normal wages. It therefore affirmed the Rights Commissioner’s decision and disallowed the company’s appeal.