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15 Jun

Posted at 14:41h in Organisation of Working Time Act
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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)...

26 Jul

Posted at 12:46h in employment law
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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....

18 Jan

Posted at 14:58h in Organisation of Working Time Act
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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....

24 May

Posted at 19:29h in dismissal
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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....