DWT2545

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00045613 (CA-00056355-003)

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:

1Background to the Appeal

 This is an appeal by Mr O Donnell (the Complainant) against Adjudication Officer’s Decision ADJ-00045613 CA-00056355-003 given under the Organisation of working time Act1997 (the Act) in a claim that he was not compensated for the loss of public holiday entitlement when he resigned by Letterkenny 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/24/73 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 Discussion and decision

The Complainant accepted that at the time of the Labour Court hearing he had received payment for any outstanding public holidays within the cognisable period. On that basis his complaint must fail as he was unable to identify a breach of the Act during the cognisable period.

The decision of the Adjudication Officer is upheld the appeal fails.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
CC	______________________
30 October2025	Deputy Chairman

NOTE

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