Labour Court cuts holiday-pay award to €779.12 on employer’s appeal

The Labour Court reduced a €1,250 holiday-pay award to €779.12 to Ronnie Whelan after an appeal by his employer, K.F & B Flood T/A Churchtown Stores. The Court’s determination was dated 13 August 2007. The Court found that Whelan received 23 days of annual leave in 2005 and 2006, although he was entitled to 30 days. It assessed the value of the seven-day shortfall at €659.12 and added €120 for the loss of his full statutory right to annual leave and the inconvenience and expense of pursuing the claim. Whelan said he received six days of paid leave in 2006. His employer argued that it had an agreement to pay staff while they were on sick leave in lieu of annual leave, and that Whelan was due 6¾ days for 2006. The Court said it could not count holidays allegedly granted in 2004 because leave had to be granted in the relevant leave year or, with the employee’s consent, within six months afterwards.