Case Law: Advocate General's Opinion on Long Term Sick LeavePosted in : Supplementary Case Law Articles ROI on 12 July 2011 Issues covered:
Those keeping an eye on the development of European Court of Justice jurisprudence will know that arising from the Stringer case, and other ECJ cases, it has been believed that workers on long term sick leave have an unlimited right to accrue their holidays during the period they are out sick. The Stringer decision has caused consternation in a number of jurisdictions, but has had limited impact in Ireland due to the wording of the Organisation of Working Time Act 1997.
In Ireland, statutory holiday leave only accrues on the basis of time actually worked. Therefore, Irish legislation was out of step with the ECJ line of reasoning.
Under the Vertical Direct effect principle of European Law,
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
This article is correct at 06/08/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.