Annual Leave and Dismissal – a Review of the Opinion of AG Hogan

Posted in : Labour & Superior Court Case Law Review Panel on 28 February 2020
Lefre de Burgh
Ronan Daly Jermyn
Issues covered:

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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This article is correct at 28/02/2020
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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.

Lefre de Burgh
Ronan Daly Jermyn

The main content of this article was provided by Lefre de Burgh. Contact telephone number is +353 214527631 or email lefre.deburgh@rdj.ie

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