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Labour Court upholds €120 holiday-pay award in father-and-son dispute

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld a €120 holiday-pay award to a worker after an employer appealed, while finding that the worker had resigned and was not owed notice pay. The determination was dated 15 May 2017.

The dispute followed an argument on 11 February 2015 over signing payroll cheques. The worker said the employer, his father, told him to leave and had dismissed him. The employer said the outburst was not intended as a dismissal and that the worker had resigned. The Court preferred a witness’s evidence and found the worker had been seeking other work and resigned.

The Court found the holiday-pay complaint well founded because the employer did not produce records showing the required payments had been made, and affirmed the €120 award. It found the notice-pay complaint was not well founded because the worker had resigned. The Court also found that the father and son behaved unacceptably towards each other at work, to the detriment of other staff.

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