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Labour Court sets aside Andrew McGuinness holiday-pay finding on Scafform appeal

By Rory Hanlon

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court allowed Scafform Limited’s appeal and set aside the Rights Commissioner’s finding that travelling-time payments should count towards Andrew McGuinness’s holiday pay. The determination was dated 20 October 1999 and found the complaint not well founded. SIPTU argued the payments were part of normal weekly pay and should count from April 1997. Scafform said they covered work-related expenses. The Court found the industry agreements classified the payments as expenses, not pay. A separate agreement provided for their inclusion in holiday pay from 1 September 1999; the determination did not affect its implementation.

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