The Labour Court overturned a Rights Commissioner’s holiday-premium award to Tom Linehan after allowing the Health Service Executive-Southern Area’s appeal. In a determination signed on 8 November 2005, it found that Linehan had received his entitlements under the scheme through his last year of service.
The dispute concerned holiday-premium payment after Linehan retired in October 2001. The HSE said it had paid all entitlements due under its policy; the union argued that he had not received the correct amount when it fell due. The Rights Commissioner had awarded compensation equivalent to the overtime premium said to be owed at retirement, subject to statutory deductions. The Labour Court set that award aside.