The Labour Court overturned an earlier decision and awarded former seafarer John Joe O’Driscoll €1,831.82 after allowing his appeal against Seahorse Unlimited Company. The Court’s determination was signed on 8 March 2022. An adjudication officer had found O’Driscoll’s claim was not well founded.
O’Driscoll said he was certified fit to return to work from 2 July 2020 but received 47% sick pay for July, leaving a shortfall of €1,831.82. Seahorse argued that full pay required him to complete the previous 28-day sea rotation before shore leave.
The Court found O’Driscoll was scheduled for shore leave and entitled to his normal salary after being certified fit. Neither his contract nor the collective agreement required him to work a 28-day rotation to qualify for shore-leave pay, and Seahorse had not established such a requirement through custom and practice. The Court found the deduction unlawful, directed the company to pay compensation and set aside the adjudication officer’s decision.