Board Of Management Of Kilmeen National School v Joyce O' Driscoll [2017]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. DWT1724
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Pay
Issues covered: Section 28 (1), Organisation Of Working Time Act, 1997; Reference Rate of Pay

This case involved a claim in relation to holiday pay. The complainant claimed that her payments on public holidays and during annual leave should have been by reference to the rate of pay that she contended she was entitled to, and not by reference to what she had actually been in receipt of. Accordingly, she asked the Court to interpret the 1997 Act on this basis.

The Court found that such a finding would be illogical and beyond any reasonable application of the Act as it clearly obliges employers to make such calculations by reference to the factual reality of what employees are paid prior to taking holidays or the fall of public holidays.

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 11/10/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email

View all articles by Legal Island