Case Number: ADJ-00000154. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000154
Date25 February 2016
PartiesA Worker -v- A Transport Company

In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

The Complainant states that the Respondent is not compliant with the requirements of Section 20(1)C in that the Complainant is not granted his annual leave entitlements within the leave year to which that entitlement relates.

The Complainant was initially engaged by the Respondent as a driver on a seasonal basis in 2004. The Complainants initial contract terminated at the conclusion of the 2004 season. However, he was re-employed in March of 2006 on a full time permanent contract and has remained a permanent member of staff since.

At the commencement of the Complainants terms as a permanent employee the allocation of annual leave was granted by a historical practice within the Company. This practice did not allow for the allocation of paid annual leave within the first year of service. The entitlement of annual leave earned in the first year of service was then allocated in the second year of service and so on.

In simple terms the Company operated a system of a year in hand for the purposes of Annual Leave entitlements. In the Complainants case this practice will remain in operation until the year of his retirement when he will entitled to take an additional year’s entitlement to annual leave.

This historical practice being operated by the Respondent may have met the applicable criteria under the old Holidays [Employees] Acts 1973-1991, however with the implementation of the provisions of the Working Time Act the employer has an obligation to amend this practice. The Respondent chose to ignore that obligation and continued to implement a practice that was clearly non- compliant with the provisions of law according to the Complainant.

Under statute, the Complainant is entitled to take his annual leave in the leave year to which it relates. Under the current operational system in the Respondent he is prohibited from doing so.

Respondent’s Submission and Presentation:

The Respondent is a national Public Transport Company and to meeting the requirements of its services, special arrangement covering the allocation and taking of annual leave have been agreed nationally with the Trade Union...

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