Dáil Éireann Debate, Tuesday - 2 November 2010
541 Deputy Terence Flanagan asked the Minister for Enterprise, Trade and Innovation the position regarding the case of a person (details supplied) in Dublin 13; and if he will make a statement on the matter. [39726/10]
View answerThe employer must compensate the employee for any unused annual leave that was accrued during the leave year in which the employee's employment ceases. If the employment ceases in the first half of the leave year, the employee must be compensated for any annual leave accrued in that leave year and the previous leave year.
An employee may present a complaint to a Rights Commissioner if it appears that the employer has failed to provide the correct holiday entitlement to which the employee is entitled to under the Organisation of Working Time Act 1997. In situations where a company becomes "insolvent" as defined in the Insolvency Payments Scheme an employee may apply under the Insolvency Payments Acts to receive their entitlements from the Social Insurance fund.
From the information available I am unable to state the reasons that the person named did not receive any holiday remuneration. However, I have referred this matter to the National Employments Rights Authority (NERA) and an Inspector from the Authority will contact the person named in due course.
