# Holiday pay — am I entitled to it?



## Carrigbabe (4 Oct 2006)

To cut a long story short - I handed in my notice after 12weeks working in my last job.(on the monday morning of my 13th week)
Went to my lunch - got a phonecall (while paying for my coffee) from the boss/owner of the company telling me not to bother coming back basically. 
Got my final payslip & P45. She had my final date of work down as the Sunday(day before i handed in my notice) & had dedcuted a whole days pay from me. 
Now i know i'm not entitled to be paid for the full week as i was just under the 13 week cut off, even tho i told her i was willing to finish my notice period.But i did show up for work on my last day and did work up as far as lunchtime until i got a snotty phonecall. Can she deduct a full days pay from me? I dont think she should have.
But am i entitled to my Holiday pay?? I believe i am. She wont respond to any of my emails. Can anyone advise?


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## ajapale (5 Oct 2006)

*Re: Holiday Pay;Am i entitled to it?*

 from Oasis.

On leaving employment your employer is obliged to pay you "cessor pay" in lieu of any untaken statutory annual leave accrued.

Were you an employee of the company? Did you work a full 39 hour week for the entire 13 weeks?

aj


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## Carrigbabe (5 Oct 2006)

*Re: Holiday Pay;Am i entitled to it?*

I worked a full 12 weeks and handed in my notice on the first day of my 13th week. I had one day sick & one half day annual leave during my time there. I havent had any luck getting any of emails replied to as of yet so today i sent it again and cc'd the employments rights place aswell. 
Maybe that might work.
Do you know if you could take this kind of case to the small claims court???
she owes me between 400&500 euro.


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## ajapale (5 Oct 2006)

*Re: Holiday pay — am I entitled to it?*

The small claims court is only for consumers with respect to retailers so this is not an option for you.

from entemp.ie


> *What can I do if I am not getting my correct holiday/public holiday entitlement?* Complaints in relation to holidays and public holidays can be made to a Rights commissioner under the Organisation of Working Time Act 1997. Accessing [broken link removed] can download the relevant complaint form.


from oasis





> Further information regarding annual leave and your employment           rights in Ireland is available from:
> Room G05           Davitt House           65a Adelaide Road           Dublin 2           Tel: (01) 1 631 3131         LoCall: 1890 201 615         Fax: (01) 631 3329          E-mail: erinfo@entemp.ie          Opening hours: 9.30 am - 5.00 pm (including lunchtime)


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## Carrigbabe (5 Oct 2006)

thanks, i'll look into them links. Hopefully it wont go that far down the road, shes been in trouble with IFSRA previously (and i'm sure id be able to tell them a lot more that would get her into trouble) so she wont want the Employments Rights place on her back also!


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## redchariot (9 Oct 2006)

*Re: Holiday pay — am I entitled to it?*

You are entitled to almost 5 days worth of holiday pay. It is your right and is illegal for the employer not to pay


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## Snork Maiden (9 Oct 2006)

*Re: Holiday pay — am I entitled to it?*

You are entitled to 1.75 days annual leave for every calendar month you have worked. 

In relation to payment in lieu of notice, under the minimum notice and term of employment act you must have at least 13 weeks service before you are entitled to notice (one week for 13 weeks to 2yrs service).

Sounds like your ex-employer wanted to avoid paying you notice hence the rationale for phone call on the first day of your 13th week????

I would insist on the Holiday pay and the half day you worked.  Chances are they are trying to avoid paying you the notice but double check how many weeks you have worked and if its less than 13 than you are not entitled to statutory notice under the act.  But check your contract to see what it says about notice periods they may be contractually obliged to pay you notice however (AFAIK) this would not be provided for under employment law but contract law and is more expensive to pursue.


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## MsGinger (10 Oct 2006)

*Re: Holiday pay — am I entitled to it?*



Snork Maiden said:


> You are entitled to 1.75 days annual leave for every calendar month you have worked. quote]
> 
> Most companies only pay 1.67 for office work (20 days per year).  1.75 mainly refers to the construction industry, where employees get an extra day due to the long hours involved.


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## Carrigbabe (11 Oct 2006)

Well i faxed my previous employer a copy of my application for a complaint to the rights commisioner this morning, adivsed her that if i didnt hear back by friday i would be posting same and would see her at the labour court. Not something i want to do! but looks like i'm going to have to. 
Wish me luck!
(i'm only entitled to the 1.67days)


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