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Labour Court rules leave claims against Marchmont Packaging premature

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court found Jerzy Gebicki’s public holiday and annual leave claims against Marchmont Packaging Limited premature and said it had no jurisdiction. The determination was signed on 30 April 2013; the merits were not decided. The Court said Mr Gebicki could not take annual leave while absent from work, so no contravention or cause of action had accrued when he brought the claims. The company undertook to provide his full entitlements when he returned; a cause of action might arise if it did not honour that undertaking.

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