Labour Court upholds annual leave complaint against Ocs One Complete Solution

The Labour Court found Karol Ruthkowski’s annual leave complaint against Ocs One Complete Solution well founded and directed the employer to comply with the law. It made no further order. Ruthkowski appealed after a Rights Commissioner did not find in his favour. He said he had not received paid annual leave in the manner required by law. The employer said holiday pay had been included in his ordinary pay. The Court found that including holiday pay in ordinary pay did not comply with the law: annual leave must be paid when taken or when employment ends. It said the employer acted on a mistaken view of the law and found Ruthkowski suffered no financial loss. The determination was signed on 18 May 2011. The Labour Court’s decision refers to the employer as One Complete Solutions Limited.