Board Of Management Of Kilmeen National School v Joyce O' Driscoll Posted In: Case Law
Case ReferenceILCR Determination No. DWT1724
Legal BodyLabour Court
Type of Claim / JurisdictionContracts of Employment, Pay and Conditions of Employment
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.
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