Annual Leave Entitlement & Dismissal
If an employee claims they have not received their annual leave entitlement and takes a case, an employer should have detailed records regarding paid annual leave, which they can produce at the inquiry in the Workplace Relations Commission.
If an employer’s book keeper, for example, cannot attend at the Workplace Relations Commission to give evidence and the employer relies on this book keeper as the holder of this knowledge, then an Adjudication officer can direct that the matter proceeds in the absence of a witness of the employer. Detailed records can be of great assistance to an employer to defend a case.
Leave Year – Annual Leave Entitlement
The leave year is calculated beginning on any 1st of April.
Right to Annual Leave – Annual Leave Entitlement Ireland
Entitlement to annual leave is set out in S.19 of the Organisation of Working Time Act 1997.
An employee shall be entitled to paid annual leave (in this Act referred to as “ annual leave”) equal to—
( a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),
( b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or
( c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks)
Right to Annual Leave Pay on Termination of Employment
Section 23 of the Organisation Working Time Act provides that on termination of the employment an employee is entitled to be paid all accrued leave.
The employer must compensate the employee for unused annual leave that accrued during the leave year that the employee finishes with the employer.
If the employment ends in the first half of the leave year, the employee should be compensated for any annual leave in that leave year and the previous leave year.
Frequently Asked Questions
How many days annual leave are you entitled to in Ireland ?
This is answered above.
What is the Unfair Dismissals Act
The primary Act is the 1977 Act, but it has been amended many times thereafter.
Here is the revised edition to November 2019.
The burden of proof in unfair dismissal cases is on the employer to disprove it, if it has been established the person is an employee, was dismissed, and has the requisite service period completed.
There is strong employment law legal protection in Ireland, and it would be imprudent and contrary to fair procedures should this arise.
You may have a right to legal recourse in terms of activating a legal action under the Unfair Dismissals Acts, or other legislation.
Disclaimer – Annual Leave Entitlement Article
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be sought from a solicitor prior to relying on anything in this article.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Employment Law Articles
- Employment Law Ireland
- Unfair Dismissal Solicitors
- Protected Disclosures
- Constructive Dismissal Ireland
- Redundancy Ireland
- Bullying at the Workplace
- Workplace Harassment
- Discrimination at the Workplace
- Disciplinary Meetings & Fairness
- Deduction from Wages – Employment Law
- Dyslexia Discrimination at the Workplace
- Disability Discrimination at the Workplace
- Discrimination – Interview Process
- Disciplinary Procedure & Unfair Dismissal
- Workplace Investigations Ireland
- Age Discrimination in the Workplace
- Redundancy & Maternity Leave
- Redundancy Ireland Guide
- Redundancy Calculator Ireland
- Selection Criteria for Redundancy & Performance
- Selection Criteria for Redundancy & Genuine Consultation
- Redundancy & Temporary Lay-Offs
- Unfair Selection for Redundancy
- Redundancy & Consultations
- Redundancy Selection – Alternative Options
- Redundancy Claim Defence – Redeployment
- Retirement Ages & Discrimination
- Sick Leave & Covid-19
- Sick Pay Leave Bill
- Sick Leave & Dismissal
- Sick Pay Entitlement
- Gross Misconduct & Dismissal
- Health & Safety Unfair Dismissal
- Annual Leave Entitlement
- Calculating Loss in Unfair Dismissal Claims
- Unfair Dismissal Ireland – Probation
- Disability Discrimination Ireland
- Unfair Dismissal Claim – Employee Duty to Mitigate Loss
- Employee Verbal Warning Appeal
- Employer Delays Bullying Investigation
- Epilepsy Discrimination at the Workplace
- Disciplinary Meetings – Employment Law
- Filling out Workplace Relations Complaint Form
- Fixed-Term Employee & Pregnancy Dismissal
- Fixing Retirement Ages
- Statutory Break Entitlements
- Redundancy Selection in Ireland
- Redundancy Selection Criteria Matrix
- Time Limits – Cases
- Student Discrimination
- Severance Agreements & Tax Advice
- Terms of Employment 5 Day Rule
- Text Message & Disciplinary Meetings
- Transfer of Undertaking
- Unfair Dismissal Claim- Dismissal in Dispute
- Compensation for Unfair Dismissal
- Unfair Dismissal Claim & CCTV
- Workplace Statutory Rest Periods
- Gardai & Employment Disputes
- Gender Dismissal Discrimination
- Grievance Procedures & Constructive Dismissal
- Guide for Employees in Redundancy Selection Process
- Maternity Leave & Salary
- New Postponement Guidelines WRC
- Legal Representation at Disciplinary Hearings
- Part-Time Workers
- Plumbers & Pipefitters
- Pre-emptory Dismissal
- Pregnancy related Discrimination
- Pregnancy related Unfair Dismissal
- Proving Fairness in Unfair Dismissal Actions
- Race Discrimination in the Workplace
- Red Circling Defence
- Workplace Relations Commission
- Employment Notice Periods
- 3 Ingredients to Prove Workplace Victimization
- Christmas Bonus for Employees
- Covid-19 Force Majeure Leave
- Redundancy Ireland & Covid-19
- Defence to Disability Discrimination Claim Ireland
- Workplace Discrimination – Gender & Family Status ground
- Discrimination on a Licensed Premises
- Discrimination in Schools
- Employers Guide to Defending Unfair Dismissal Ireland
- Workplace Whistleblowing Policy
- Temporary Lay-Off & Covid 19
- Temporary Lay-off & Non-Payment of Wages
- Severance Agreement & Legal Advice
- Unfair Dismissal Claim – Mitigating Loss
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