If employment relationship problems arise as a result of holiday and leave issues, both sides should attempt to solve the problems in good faith.
It is advisable to:
- be clear about the facts
- talk to the other party
- deal with issues promptly but allow sufficient time for both parties to seek advice and think through the issues
- ensure everyone follows the process for issue resolution outlined in the employee’s employment agreement
- call the Department of Labour to clarify your obligations (0800 20 90 20)
ask a labour inspector to help resolve the matter.
If you can’t resolve the problem yourself, you can participate in mediation, either through the Department of Labour’s mediation services or through independent mediators.
If this does not resolve the problem, you can go to the Employment Relations Authority for a determination.
If either you or the other party are dissatisfied with the determination of the Employment Relations Authority, the issue can be taken to the Employment Court.
If a problem is a personal grievance, the employee must raise it with the employer within 90 days of the action complained of, or after they became aware of it, unless the employer consents to the personal grievance being raised after the expiration of that period (if consent is not given, the employee can apply to the Employment Relations Authority).