The Labour Court has restored 14 days of annual leave and awarded €3,500 compensation to Theresa McAteer in an appeal against the Legal Aid Board. The determination, dated 24 August 2023, overturned an earlier decision that her complaint was not well-founded.
McAteer said the days, accrued during the 2018/2019 leave year while she was on certified sick leave, were removed in July 2021 without notice. The Board said the National Shared Services Office handled leave calculations and that McAteer had access to its portal and time to take the leave.
The Court found the Board had not shown that it gave her accurate, timely notice that the leave would be lost. It said responsibility for complying with the law remained with the Board despite its use of the shared service. The Organisation of Working Time Act allows certain leave to be carried over when illness prevents an employee from taking it. The Court found a breach, ordered the leave restored immediately and set aside the earlier decision.