Latest in Employment Law>Case Law>Cheshire Ireland v Margaret Gallagher [2016]
Cheshire Ireland v Margaret Gallagher [2016]
Published on: 15/09/2016
Issues Covered: Working Time
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Background

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 these circumstances, the three holidays in question fell on one of the complainant's rostered days being Monday. Accordingly, the Court was satisfied that she did not receive her statutory entitlement in respect of these days. The Court ordered the respondent employer to pay the complainant the sum of €210.46 plus €1,000.00 in compensation.

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Disclaimer 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. This article is correct at 15/09/2016