The Labour Court upheld William Winters’s appeal and ordered Wicklow County Council to pay him the equivalent of four days’ annual leave. The determination was signed on 21 January 2013.
Mr Winters worked as an engineer for the council until 1 July 2011. He challenged the notice he received about taking annual leave and the refusal to pay him for four unused days. The council argued that his complaint was out of time and said it had allowed him to take the leave before his employment ended.
The Court found that the council had not properly consulted Mr Winters or taken account of his need for rest and family responsibilities when arranging the leave. It found that the complaint was submitted within the time limit and that the claim for cesser pay was properly before it. Cesser pay covers annual leave that remains outstanding when employment ends. The Court found the complaint well founded and ordered payment equivalent to four days’ pay.