Cheshire Ireland v Margaret Gallagher [2016]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Working Time
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 28(1), Organisation of Working Time Act, 1997; Public Holiday Entitlements

This case involved a complaint alleging that the employer breached the complainant's statutory public holiday entitlements. It was alleged that the employer had incorrectly applied the Organisation of Working Time Act. The subsequent argument centred around the claim that the complainant received the same annual leave entitlement, i.e. one fifth of her weekly working hours, regardless of whether the public holiday fell on the complainant's rostered or non-rostered day.

The court concluded that section 21 and 22 of the Act mean that an employee is entitled to a day off with pay or an additional day's pay in respect of a public holiday at a rate calculated by reference to the Regulations. In

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This article is correct at 15/09/2016

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