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Labour Court upholds decision rejecting council worker’s holiday pay appeal

By Aoife Loughran

Labour Court ·

The Labour Court upheld the decision rejecting Patrick O’Donoghue’s appeal over regular overtime being excluded from his annual leave pay. The determination was dated 18 July 2022. O’Donoghue, a general operative with Tipperary County Council, said regular overtime should count towards holiday pay. The council argued the rules excluded overtime and that a six-month time limit applied. The Court followed earlier determinations that limited claims to the relevant six-month period and found that the regulations excluded overtime from holiday pay calculations. The appeal failed, leaving the adjudication officer’s decision in place.

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