An employee was suspended on full pay under the disciplinary code pending an investigation. The investigation showed that the employee was not guilty of the allegations made and he was returned to work with no disciplinary sanction. My question relates to the accrual of annual leave during that time of suspension. Is the employee entitled to accrue annual leave during that period of suspension with full pay? The employer says that he is not entitled to the annual leave for that period. I would have thought that, as he was in receipt of salary during that time and he had to be available to the investigators/employer, that he should have his annual leave accrued to him. I’d be grateful for any guidance on this.
Posted in : First Tuesday Q&A ROI on 3 March 2015
Zelda Cunningham
Arthur Cox
The Irish courts have consistently emphasised the distinction between suspensions without pay (which are punitive in nature) and suspensions with pay implemented to enable the employer to carry out an investigation and/or pending the outcome of a disciplinary process.
A suspension without pay may be imposed as a disciplinary sanction following a disciplinary hearing and in accordance with the employer's disciplinary procedure. However, a suspension with pay is not punitive in nature and is normally imposed in accordance with the employee’s contract of employment, to facilitate an investigation and/or disciplinary process and where no adverse findings have been made against the employee.
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Back to Q&A's This article is correct at 02/09/2015
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Zelda Cunningham
Arthur Cox
The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com
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