The Labour Court allowed John Beirne’s appeal against Gerry McCabe Construction and awarded him €400 in full and final settlement of the working-time matters before it. The determination was signed on 8 August 2006 and overturned the Rights Commissioner’s decision.
Beirne had claimed outstanding holiday pay, sick pay and compensation connected with not receiving his P45. The Court could not consider the sick-pay and P45-related matters under the Act. The company had already paid four days’ holiday pay and one week’s wages in lieu of notice, and said it was willing to pay any outstanding holiday balance based on Beirne’s increased salary. The Court did not allocate the €400 among the matters settled.