Important Insights and Case Law on Public Holiday Entitlements
As we navigate the complexities of Irish employment law, public holiday entitlements continue to be a topic of interest and sometimes uncertainty.
In this article, we've compiled recent case law and key rulings that provide valuable insights into your obligations and rights regarding public holidays. These cases will help clarify common questions and ensure that your policies align with the latest legal standards.
Failing to Pay Public Holiday Entitlements? It Could Cost More Than You Think!
Full case available here:
https://www.workplacerelations.ie/en/cases/2024/november/adj-00044754.html
This case is a strong example of how the Workplace Relations Commission (WRC) can exercise its authority not only to ensure an employer pays outstanding statutory entitlements but also to award additional compensation for breaches of employment rights.
Both parties agreed that the Complainant had not been paid for four public holidays. Under Section 27(c) of the Organisation of Working Time Act, the adjudicator has the power to order an employer to pay compensation that is "just and equitable" in the circumstances, up to a maximum of two years' remuneration.
While the Respondent acknowledged the breach and calculated the unpaid wages as €361.60, the adjudicator determined that this amount alone was insufficient. Emphasising the seriousness of the breach—particularly given that public holiday entitlements are clearly outlined in legislation—the adjudicator awarded the Complainant €1,000 in total.
This decision reinforces that failing to comply with well-established statutory entitlements can result in financial penalties beyond simply repaying what is owed, highlighting the WRC’s commitment to upholding employee rights.
When Public Holiday Entitlements may not apply
Full Case available here:
https://www.workplacerelations.ie/en/cases/2025/january/adj-00050728.html
This case is an interesting example of how public holiday entitlements may not apply under the Organisation of Working Time Act.
The Complainant alleged that he had not received payment for his public holiday entitlement for several years prior to his resignation on 12th February 2024. In response, the Respondent argued that the Complainant had been absent from work for a significant period (2022) before his resignation and, as a result, had not accrued any entitlement to public holiday pay during that time.
Under the Act, the Third Schedule specifies that an employee retains entitlement to public holiday pay for up to 26 weeks of absence or up to 52 weeks if the absence is due to a certified work-related illness. In this case, the Complainant was on certified sick leave until January 27, 2023. Given the applicable cognisable period for the complaint, it was determined that the Complainant had not accrued public holiday entitlements within that timeframe. Consequently, the complaint was deemed not well-founded.
This case underscores the importance of understanding the statutory conditions under which public holiday entitlements apply, particularly concerning extended absences from work.
Labour Court Rules 'On-Call' Time Doesn't Automatically Qualify as Working Time for Public Holiday Entitlements
Full case available here:
https://workplacerelations.ie/en/cases/2024/may/dwt2415.html
This is an interesting case in that The Labour Court reviewed the appeal of Mater Misericordiae University Hospital regarding an employee, Adrian Stefan, who was on call during public holidays (March 18, 2022, and June 6, 2022). Stefan argued that his "on-call" time should count as "working time" under the Organisation of Working Time Act, making him eligible for public holiday entitlements.
The Court considered EU jurisprudence on "on-call" duty, concluding that time spent on-call doesn't automatically qualify as working time unless significant constraints limit personal activities.
The Court ruled in favour of the employer, as the employee was not called in on the public holidays.
This case highlights that employers should consider whether the employee is restricted from engaging in personal activities during on-call periods, when determining whether on-call work is deemed working time.
For any queries in relation to Public Holiday entitlement, don’t hesitate to get in touch with the team at MSS-The HR People. PH: 01 8870690 info@mssthehrpeople.ie
