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Labour Court upholds decision rejecting council worker’s holiday pay appeal

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld the decision rejecting Patrick O’Donoghue’s appeal over regular overtime being excluded from his annual leave pay. The determination was dated 18 July 2022. O’Donoghue, a general operative with Tipperary County Council, said regular overtime should count towards holiday pay. The council argued the rules excluded overtime and that a six-month time limit applied. The Court followed earlier determinations that limited claims to the relevant six-month period and found that the regulations excluded overtime from holiday pay calculations. The appeal failed, leaving the adjudication officer’s decision in place.

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