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LCR22220

FULL RECOMMENDATION
CD/20/59
RECOMMENDATION NO. LCR22220

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
MCR GROUP

- AND -

A WORKER


DIVISION :

Chairman: Mr Foley
Employer Member: Ms Connolly
Worker Member: Mr Hall
SUBJECT:
1. The Claimant alleged that the Company did not afford her statutory Annual Leave and Pubic Holiday entitlements while she was absent on Maternity Leave.


BACKGROUND:

2. This dispute concerns the alleged non payment of annual leave and Bank Holidays during the worker's Maternity Leave period. The Worker referred the case to the Labour Court on 11 February 2020 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 2 June 2020. The Employer did not attend the Hearing.

WORKER’S ARGUMENTS:


3. 1. The Worker stated that the Employer did not afford her annual leave or public holiday entitlement while she was absent on Maternity Leave from mid-2018 until May 2019.





RECOMMENDATION :

The hearing of the Court took place in the absence of the employer.

The Court has given very careful consideration to the Claimant’s written and oral submissions.

The Claimant is seeking what she asserts are her legal entitlements to annual leave and public holiday leave accumulated during her period of maternity leave.

The Court recommends that the employer should ensure that the Claimant receives all of her legal entitlements as regards annual leave /and public holiday leave accumulated during her absence from her employment arising from her maternity leave.




Signed on behalf of the Labour Court



Kevin Foley
12 June 2020 ______________________
CC Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.