Annual Leave and Dismissal – a Review of the Opinion of AG HoganPosted in : Labour & Superior Court Case Law Review Panel on 28 February 2020
In this Article we examine the Opinion of Advocate General Hogan (delivered on 29th January 2020; Case C-762/18 and Case C-37/19). The issue was whether a worker who is unlawfully dismissed by their employer and is then subsequently re-instated, by an order of a national court order, has an entitlement to paid annual leave for the period from the date of their unlawful dismissal to the date of ordered reinstatement.
In arriving at his conclusions, he examines the parameters of Article 31 of The Charter of Fundamental Rights of the European Union, Article 7 of Directive 2003/88, the social law reasons underpinning those provisions, a number of cases which can be distinguished from the
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