Organisation of Working Time Act 1997

Compensation on cesser of employment.

23

23. F16 [ (1) (a) Where

(i) an employee ceases to be employed, and

(ii) the whole or any portion of the annual leave in respect of the relevant period remains to be granted to the employee,

the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave.

(b) In this subsection

relevant period means

(i) in relation to a cessation of employment of an employee to whom subparagraph (i) of paragraph (c) of subsection (1) of section 20 applies, the current leave year,

(ii) in relation to a cessation of employment of an employee to whom subparagraph (ii) of the said paragraph (c) applies, that occurs during the first 6 months of the current leave year

(I) the current leave year, and

(II) the leave year immediately preceding the current leave year,

(iii) in relation to a cessation of employment of an employee to whom subparagraph (iii) of the said paragraph (c) applies, that occurs during the first 12 months of the period of 15 months referred to in the said subparagraph (iii)

(I) the current leave year, and

(II) the leave year immediately preceding the current leave year,

or

(iv) in relation to a cessation of employment of an employee to whom subparagraph (iii) of the said paragraph (c) applies that occurs during the final 3 months of the period of 15 months referred to in the said subparagraph (iii)

(I) the current leave year, and

(II) the 2 leave years immediately preceding the current leave year. ]

(2) Where—

( a) an employee ceases to be employed during the week ending on the day before a public holiday, and

( b) the employee has worked for his or her employer during the 4 weeks preceding that week,

the employee shall, as compensation for the loss of his or her entitlements under section 21 in respect of the said public holiday, be paid by his or her employer an amount equal to an additional day’s pay calculated at the appropriate daily rate.

(3) If an employee ceases to be employed by reason of his or her death, any compensation payable under this section shall be paid to the personal representative of the employee.

(4) Where compensation is payable under subsection (2), the employee concerned shall, for the purpose of Chapter 9 of Part II of the Social Welfare (Consolidation) Act, 1993 (which relates to unemployment benefit) and Chapter 2 of Part III of that Act (which relates to unemployment assistance), be regarded as not having been, on the public holiday concerned, in the employment of the employer concerned.

(5) In this section “ appropriate daily rate” and “ normal weekly rate” mean, respectively, the appropriate daily rate of the employee concerned’s pay and the normal weekly rate of the employee concerned’s pay determined in accordance with regulations made by the Minister for the purposes of this section.

Annotations:

Amendments:

F16

Substituted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 86(1)(c), S.I. No. 338 of 2015.

Editorial Notes:

E125

Compliance notice procedure in respect of subss. (1) and (2) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.

E126

Power pursuant to section exercised (8.12.1997) by Organisation of Working Time (Determination of Pay For Holidays) Regulations 1997 (S.I. No. 475 of 1997).