Labour Court upholds €1,250 award and €158.40 leave payment to Brian Scully

The Labour Court found that Top Security Limited underpaid Brian Scully’s annual leave and directed the company to pay €158.40 in outstanding leave pay and €1,250 compensation. The determination, dated 18 February 2022, varied the Adjudication Officer’s decision on the company’s appeal. Scully said he normally worked four 12-hour shifts a week and should have received leave pay based on 48 hours. Top Security argued that 40 hours were basic hours and eight were regular rostered overtime, which it said should be excluded from annual leave calculations. The Court found that his employment statement did not set out a 40-hour basic week or identify overtime, and concluded that his normal working week was 48 hours. The shortfalls were eight hours for leave taken in October 2019 and four hours for leave taken in November 2019, totalling €158.40. The Court ordered that payment as well as the additional €1,250 compensation award.