Labour Court disallows Waterford City Council appeal over late holiday claim

The Labour Court disallowed Waterford City Council's appeal over former employee Declan Walsh's claim for public-holiday time off, finding it was brought outside the time limit. The Court rejected the Council's argument that Walsh could not claim because he had retired: the Act's definition of an employee includes former employees. But the Court found the claim was presented too late to entertain. Walsh presented it on 8 August 2013, more than a year after his retirement on 30 November 2011, and the Court said it fell outside both the six-month limit and the maximum possible extension. The merits of the holiday entitlement claim were not decided. The determination was signed on 29 October 2014. Walsh had appealed the Rights Commissioner's decision, which rejected the complaint, and the Council had opposed his claim. The Labour Court heard his appeal under the Organisation of Working Time Act, 1997.