The Labour Court disallowed an appeal by five security guards over accrued annual leave after they transferred from Top Security Ltd to Federal Security Group. The guards had 8 to 19 days of leave outstanding when they moved on 12 December 2005, after Federal Security won the Irish Rail contract. The Court found they had not resigned and that their employment and leave entitlement transferred before the leave year ended, so Top Security had not breached the law. It affirmed the Rights Commissioner's decision that the complaint was not well founded. In a separate rider, the Court urged the parties, including the new employer, to agree fair compensation for the lost holidays, with Top Security making an appropriate contribution.
Labour Court disallows guards’ appeal over transferred holiday leave
Historic decision · Decision date:
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