The Labour Court has upheld €300 compensation for each of 10 Office of Public Works staff after dismissing the OPW’s appeal over annual leave scheduled for Christmas 2011. Its determination was dated 29 November 2012. The workers were Brian Gallagher, Eamonn Gallagher, Peter Farrell, Donald Robertson, Gerard Milton, Ciaran McManus, Brendan Crowley, Caitriona Phelan, Joseph O’Farrell and Stephe Lieghio.
The dispute concerned three days of leave scheduled for 28, 29 and 30 December. The staff said the Furniture Division depot had opened over Christmas for more than 20 years and they were first consulted about the change in December 2011. The OPW said it had circulated a closure notice in July as part of a public spending drive.
The Court found the notice was not posted on the board used to communicate with the industrial civil servant grades, and the workers were not consulted more than a month before their leave began. It found the OPW had failed to meet its obligations under section 20(b) of the Organisation of Working Time Act 1997. The Court affirmed the Rights Commissioner’s decision and dismissed the appeal, leaving the €300 award to each worker in place.