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WRC awards Diana Iosif €1,069.50 for unpaid annual leave

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Diana Iosif €1,069.50 for unpaid annual leave, while finding her public holiday and constructive dismissal complaints not well founded. The decision was dated 22 March 2022. Iosif, a cleaning operative employed by Noonan Services Group Limited, claimed she had not been paid for annual leave accrued while on sick leave. The company argued that the leave was covered by a personal injury settlement. The adjudicator found the settlement did not cover accrued or future annual leave. After deducting leave already paid, 94.9 hours remained outstanding at €11.27 an hour. The public holiday complaint failed because Iosif had not established that any public holidays within the claim period were unpaid. Her constructive dismissal complaint also failed: the adjudicator found there was no repudiation of her contract and that she had not fully engaged with her employer or given it a reasonable opportunity to address her grievances before resigning.

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