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Accrual of Annual Leave During Sick Leave

A recent award under the Organisation of Working Time Act should be noted when the Adjudication Officer not only made and an award of €5,483.40 for annual leave accrued during long term sick leave, but a further €5,000 compensation for an employer's refusal to pay the leave when requested by an employee on termination of her employment. (Ref ADJ - 00025283)

Temporary Lay Off & Short Time

As temporary lay off and reduced working hours has become the new normal working arrangement for many employers due to Covid 19, this short article deals with some of the practical issues regarding accrual of leave and selection of employees for lay-off or reduced working hours.

Annual Leave Entitlements

Did you know that annual leave entitlement accrues on a statutory basis for all employees regardless of employment status and length of time worked? A former employee of O Brien's Sandwich Bars who had a very brief period of employment, was successful in her claim under the Organisation of Working Time Act 1997 for leave due from the short half day trial period that she had worked.

Accrual Of Annual Leave During Sick Leave

Since 1st August 2015 employees now accrue statutory annual leave during periods of certified sick leave, as introduced under The Workplace Relations Act 2015 which amended Section 19 of the Organisation of Working Time Act 1997. Accrued leave can then be taken within a 15 month period after the end of the leave year in which it was accrued.

Constructive Dismissal

As per recent WRC decision (Ref ADJ- 00000091) a successful constructive claim requires the claimant to prove that it was reasonable in light of their employer's unreasonable behaviour to breach their contract of employment and constructively dismiss themselves.

Employee who took unauthorised annual leave was not unfairly dismissed.

In Case No UD463/2014 the EAT overturned a Rights Commissioners decision and held that an employee of a meat processing plant was not unfairly dismissed after he took leave which had not been authorised.

Organisation of Working Time Act

Two recent cases published that are worth reading in respect of understanding employers requirements in respect of the provision of breaks and paid annual leave.

Public Holiday Entitlement

As the fifth bank holiday of 2014 approaches, I thought it would be useful to remind you about how public holiday entitlement applies to employees.

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