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Labour Court cuts Supermare’s €600 award to €275 on appeal

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court reduced a €600 award to €275 on Supermare Ltd T/A Expd8’s appeal, directing the company to pay Margaret Gilna €186.25 for outstanding annual leave and €88.75 compensation. The decision was signed on 14 May 2012. Supermare argued it could require Gilna to take her remaining leave during her notice period. Gilna said the company could not combine her leave entitlement with notice. The Court found the employer had not met the statutory conditions for choosing when leave was taken. Payments at the end of her employment were in lieu of notice and did not cover the leave owed. It varied the Rights Commissioner’s decision accordingly.

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