FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST T/A WESTDOC - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioners Recommendation No: r-124916-Ir-12/MH
BACKGROUND:
2. This case is an appeal by the worker of Rights Commissioner's Recommendation No: r-124916-ir-12/MH. The issue concerns a dispute in relation to the requirement to give advance notice in respect of taking annual leave in excess of statutory entitlements. The employer contends that it is not required to give notice in the circumstances. The worker contends that the employer is required to give four weeks notice.
The matter was referred to a Rights Commissioner for investigation. The Rights Commissioner's Recommendation issued on the 8th January 2013 and did not find in favour of the worker's claim on the basis that there were no provisions in the Act in relation to entitlements in excess of the statutory entitlements.
On the 11th February 2013, the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 14th May, 2013
DECISION:
This case is before the Court under the Industrial Relations Acts 1946 -2012. While the parties have advanced arguments concerning certain provisions of the Organisation of Working Time Act 1997, the Court cannot give an opinion on these matters having regard to the basis upon which the claim was referred.
Rather, the Court must decide the case by application of principles of good employment practice. Those principles dictate that where the employer requires the Claimant to take non-statutory annual leave she should receive such notice as is reasonable in the circumstance, having regard to the exigencies of the services, or as is required by a collective agreement applicable to a majority of the staff.
The Court notes the employer’s assurance that in normal circumstances it will give at least four weeks’ notice of a requirement to take annual leave.
Signed on behalf of the Labour Court
Kevin Duffy
21st June 2013______________________
AHChairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.