The Labour Court upheld a €3,750 award to Shay O’Brien after dismissing Fasercourt Ltd T/A Casey Enterprises’ appeal against a holiday-pay decision. The determination was signed on 2 October 2007.
The dispute concerned unpaid annual leave and public holiday pay under the Organisation of Working Time Act 1997. The employer argued its weekly rate already included holiday pay; O’Brien said he had not received the correct entitlements. The Court found holiday pay could not be included in ordinary pay to meet the employer’s obligations, and that O’Brien had not received paid annual leave or public holidays. It affirmed the compensation fixed by the Rights Commissioner.