Holiday pay case before the Labour Court re-examines inclusion of regular and rostered overtime in annual leave pay and issue of retrospection.

In a recent Labour Court determination, the Court concluded that a County Council Worker was entitled to have his regular rostered overtime included in the calculation of his pay while on annual leave.

The case came before the Court on appeal from an earlier WRC Adjudication officer decision.

During the appeal hearing, the Court heard that the claimant’s regular overtime constitutes more than 22% of his weekly wage overturning an earlier decision by a WRC Adjudication Officer.