Martin Beirne v HSE [2024]
Decision Number: ADJ-00040093 Legal Body: Workplace Relations Commission
Published on: 13/02/2024
Article Authors The main content of this article was provided by the following authors.
Paul D Maier BL Barrister
Paul D Maier BL Barrister
Paul maier

Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.

Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.

Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.

Background

Background:

The Complainant was a property manager for HSE Estates, the estates management function of the Respondent. In 2007, the Complainant’s job was to be made redundant, but because no alternative appointment within the Respondent’s operations was available for him at the time, the Complainant was allowed on an exceptional basis to continue in his role without any direct line management. The Complainant recorded his working time in a staff system, but was never directed to take annual leave, and the Complainant said he was too busy in his job to avail of his full statutory annual leave entitlement.

The Complainant retired from his position in October 2022. Section 23 of the Organisation of Working Time Act 1997 provides

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 13/02/2024
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