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Labour Court finds worker resigned but upholds €120 holiday pay

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The employer appealed the Adjudication Officer’s decision. The Labour Court found that a worker resigned from his father’s company and was not dismissed, but upheld a €120 holiday-pay award. Its determination was signed on 15 May 2017. The worker said an argument over signing payroll cheques amounted to dismissal. The employer said he had resigned and disputed the holiday-pay claim. The Court preferred a witness’s evidence that the worker had not been dismissed and that she found his resignation letter. The dismissal claim was without merit. The holiday-pay complaint succeeded because the employer failed to produce required records. The worker’s claim for pay in lieu of notice also failed because he had resigned.

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