Downey v O'Hare & Ors (Holiday Pay) [2004] NIIT 1782_03 (16 January 2004)

Downey v O'Hare & Ors (Holiday Pay) [2004] NIIT 1782_03 (16 January 2004)

Applicant was 'put on enquiry' regarding his rights and should have sought advice earlier; claim for previous years is time-barred. Applicant entitled to remaining two weeks holiday pay for 2003–2004.

Citation
[2004] NIIT 1782
Parties
Applicant: Patrick Downey; Respondent: Gerard O'Hare; Respondent: CDI Securiguard
Jurisdiction
Northern Ireland
Judgment Date
16 January 2004
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Partly allowed
Legal Topics
Holiday Pay, Working Time Regulations, Limitation Periods
Employment Law Holiday Pay Working Time Regulations Limitation Periods

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Patrick Downey

Applicant

Gerard O'Hare

Respondent

CDI Securiguard

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Entitlement to holiday pay
  2. 2 Limitation period for bringing claim
  3. 3 Reasonable practicability for late claims

Ratio Decidendi

Applicant was 'put on enquiry' regarding his rights and should have sought advice earlier; claim for previous years is time-barred. Applicant entitled to remaining two weeks holiday pay for 2003–2004.

Court Disposition

Partly allowed

Orders

  • Respondent to pay applicant two weeks holiday pay outstanding for year January 2003 – January 2004