The Labour Court has awarded Brian Mceneaney €249.03 in unpaid annual-leave pay and €750.97 compensation after allowing his appeal against Kilkenny County Council. The decision was signed on 6 December 2023. The Court set aside the Adjudication Officer’s decision, which had found his claim not well-founded.
McEneaney, who has worked for the council since 2001, argued that his annual-leave pay should include regular overtime and allowances. The council disputed how far European case law applied and argued that the statutory time limit governed the claim. The Court found that statutory annual-leave pay should take account of normal, predictable overtime and allowances other than his eating-on-site payment, which it considered an expense rather than pay.
The claim covered 9 October 2021 to 8 April 2022. The council had already paid his full entitlement for the period from 1 January to 8 April 2022; the €249.03 shortfall related to leave taken from 9 October to 31 December 2021. The Court also awarded €750.97 compensation for the breach. It rejected McEneaney’s claim for a recalculation reaching back to the start of his employment.