Working Time and Annual Leave
1. Introduction Section 19 of the Organisation of Working Time Act 1997 confers a statutory right to paid annual leave on most employees. The leave entitlement is calculated by reference to time worked and accrues at four working weeks where the employee has worked at least 1,365 hours in the leave year. This article considers
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Entitlement to Carry Over Annual Leave
1. Introduction The case of Martin Beirne v Health Service Executive (HSE) (ADJ-00040093) examines the circumstances under which an employer will be held liable for any accrued but untaken holiday pay from previous annual leave periods. Mr. Beirne (the Complainant) brought a complaint under 27 of the Organisation of Working Time Act, 1997 against the
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Working Excessive Hours and Constructive Dismissal
Excessive Working Hours and Constructive Dismissal Can an employee resign if they are working excessive hours? Can they then pursue a claim of unfair dismissal by way of constructive dismissal? The case of Melissa Moran v C.H. Kane Ltd Supervalu (ADJ – 000316262) was decided on 08 June 2022. This case is interesting because it
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Employer Contacting Employee Out of Hours – The Right to Disconnect
Employer Contacting Employee Out of Hours – The Right to Disconnect The Right to Disconnect refers to an employee’s right to be able to disengage from work and refrain from engaging in work-related electronic communications, such as emails, telephone calls or other messages, outside normal working hours. In brief, the Right to Disconnect has three
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Banded Hour Contracts – What is the Reference Period?
Introduction A recent case before the Labour Court (the Court) on appeal from the Workplace Relations Commission (WRC) examines the factors that will be considered when deciding the reference period for the purposes of banded hour contracts. Background This was an appeal by the respondent at first instance, Aer Lingus (the Respondent), against a decision
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