Shane Leahy v Kilkenny County Council [2024]
Decision Number: ADJ-00037752 Legal Body: Workplace Relations Commission
Published on: 23/05/2024
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Paul D Maier BL Barrister
Paul D Maier BL Barrister
Paul maier

Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.

Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.

Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.

Background

Summary Sentence:

The Complainant’s rate of pay for annual leave was found to properly include regularly rostered overtime and allowances, and his rate of pay for public holidays was found to properly include allowances only.

Background:

The Complainant has worked for the Respondent since November 1984. In that time, the Complainant received a rate of basic pay, but also received additional regularly-scheduled overtime, a “machine washing” payment, and an allowance for eating on-site. The Complainant argued that all of these payments comprise the Complainant’s “weekly wages” for the purpose of calculating his rate of pay for annual leave and public holidays. However, the Respondent has only paid the Complainant his basic pay for annual leave and public holidays, resulting

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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 23/05/2024
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