This case concerned a claim in respect of the complainant's annual leave and public holiday pay. The court focused on the reference in regulation 2 to the amount that was "liable to be paid", as the complainant had been receiving a lesser amount of pay per week than his contract of employment set out.
The High Court felt that the Labour Court had erred in law by simply referring to the complainant's apparent acceptance of the lower sum. The High Court felt that a more extensive analysis should have been conducted as to the circumstances surrounding the reduced wage being paid to the complainant. Accordingly, they remitted the matter to the Labour Court to determine whether the term referred to the payments actually made or those contracted to be paid.
http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/2bd04afb4c2ba2758025806e00498383?OpenDocument
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