Labour Court restores six days’ leave for Sean Considine

The Labour Court found that Sean Considine was wrongly denied six days of annual leave by Limerick City and County Council, but changed the remedy from a cash payment and compensation to restoration of the leave days. Its determination, dated 10 July 2023, varied the Adjudication Officer’s decision after appeals by both parties. Considine’s complaint under the Organisation of Working Time Act concerned leave he said had not accrued while he was on sick leave. The Adjudication Officer had awarded €1,615.20 in lieu of the six days and €500 compensation. The Council argued that leave should be paid out only when employment ends and that compensation was not due. The Court found that Considine had accrued more than 1,365 hours and was entitled to 20 days’ leave that year. It ordered the six days to be added to his leave entitlement in the existing leave year.