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.
The leave year is calculated beginning on any 1st of April.
Right to Annual Leave – Annual Leave 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.
How to you prove unfair dismissal ?
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.
Can an employer dismiss you without warning ?
There is strong employment law legal protection in Ireland, and it would be imprudent and contrary to fair procedures should this arise.
What can you do if you were fired unfairly ?
You may have a right to legal recourse in terms of activating a legal action under the Unfair Dismissals Acts, or other legislation.
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.