DWT2544

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00045613 (CA-00056355-002)

BACKGROUND:

The Worker appealed the Adjudication Officer's Decision to the Labour Court on the 19 July 2024.

A Labour Court Hearing took place on the 17 September 2025.

The following is the Labour Court's Decision:

DECISION:

1  Background to the Appeal

 This is an appeal by Mr O Donnell (the Complainant) against Adjudication Officer’s Decision ADJ-00045613 CA-00056355-002 given under the Organisation of working time Act1997 (the Act) in a claim that he did not receive public holidays entitlement from his previous employer Letterkenny University hospital (the Respondent). The Adjudication Officer held that the complaint was not well founded. There are two linked cases under the Organisation of Working Time Act WTC/24/72, WTC/24/74 and one case under the Unfair Dismissals Act UD/24/99.

The complaint was lodged with the WRC on 27 April 2023, appealed to the Labour Court 19 July 2024. A Labour Court hearing was held on 17 September 2025 in Donegal.  The Complainant commenced employment with the Respondent in catering and moved into domestic services in December 2012. The Complainant resigned his position on 11 April 2023.   The relevant period for the purpose of the Act is 28 October 2022 to 27 April 2023.

2 Complainant’s submission

The Complainant submitted that he was not aware that while he was cocooning his public holidays were applied to him in the normal manner by the Respondent.  It is his submissions that his public holidays for that period are still due to him.

3 Respondent’s submission

During the period 2020/2021 the Complainant was granted his public holidays and paid for same in the normal manner this period is however, outside of the cognisable period.   When the Complainant resigned the Respondent calculated the public holiday entitlement due to him which equated to 15.4 hours, and he was paid in lieu of that leave following his resignation.

4 Discussion and Decision

The Complainant accepted that he had received payment for public holidays He was unable to establish the basis on which he was claiming that he couldn’t take his public holidays while cocooning and was entitled to accumulate them. 

Taking all of the above into account the Court determines that there was no breach of the Act, and the appeal must fail. The decision of the Adjudication Officer is upheld.

 The Court so decides

	Signed on behalf of the Labour Court
	Louise O'Donnell
CC	______________________
30 October 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Ceola Cronin, Court Secretary.