The Labour Court upheld Eamonn Ryan’s appeal over annual leave pay and awarded him €568.68 for the leave year from 1 April 2020 to 31 March 2021, plus €568.68 compensation for the breach. The determination was dated 29 June 2023.
Ryan argued that Carlow County Council should include regular rostered overtime and an eating-on-site allowance in his annual leave pay, and sought repayment going back to when he began work. The Council argued the claim was time-limited and said it had begun including regular overtime in annual leave pay from 1 September 2022.
The Court found Ryan’s overtime was regular, predictable and a significant part of his pay, so it should count in annual leave calculations. It ruled that the eating-on-site allowance was an expense rather than pay, so it did not have to be included. The Court limited the award to the relevant annual leave year, set aside the Adjudication Officer’s decision and upheld the appeal.