Gallagher v Leonische Ireland Ltd

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 29 April 1999
• Judgment citation (vLex): [1999] 4 JIEC 2901
• Date: 29 April 1999

Employment Appeals Tribunal

Gallagher v Leonische Ireland Ltd

Abstract:

Dismissal - Preliminary issue - Jurisdiction - Definition of words of Acts - Whether holiday entitlements can be added

Claimant commenced work on 28 April 1997 and it ended on 10 April 1998. A preliminary issue arose as to whether she had one year's continious employment to bring her within the protection of the legislation. The Tribunal considered the definition of “date of dismissal”. It was asked to consider adding holiday entitlement in order to qualify under the Acts. The Tribunal considered two cases previously determined by the Tribunal as well as Irish Shipping Ltd (In Liquidation) v Byrne [1987] IR 468. The Tribunal considered the submissions in light of the case law cited and determined that it could not add holiday entitlement to the actual date of cessation of employment. Accordingly the claimed...