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Entitlements to annual leave

  • 14-06-2006 10:50am
    #1
    nobodythere
    Closed Accounts Posts: 2,349 ✭✭✭


    I'd prefer not to go too deep into this, but long story short I have a former boss who's trying to screw me out of money I'm entitled to for annual leave, deductions from my holiday pay for damages that I didn't cause and that aren't in my contract (I had no contract!) and miscalculations of my holiday leave.

    Anyway I threatened him with the lack of contract and he gave me back the €100 for supposed damages but now he's saying that my calculations are way off on holiday pay, that he "got legal advice from his auditor".... ahem ahem.

    I worked there 5 months and took no holidays, I'm going on this:

    http://www.oasis.gov.ie/employment/holidays_and_leave/annual_leave_public_holidays.html
    There are three different ways of calculating your annual leave:
    • Based on the employee's working hours during what is called "the leave year", which runs from April to March. An employee who has worked at least 1,365 hours in the leave year (i.e. an average working week of 26.25 hours) is entitled to the maximum of four weeks annual leave. Many employers use the calendar year (i.e. January-December) instead of the official leave year to calculate entitlement.
    • By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours
    • 8% of the hours worked in the leave year, subject to a maximum of 4 weeks
    An employee may use whichever of these methods gives the greater entitlement.



    Greatest entitlement for me is the second, weekly pay €311, multiplied by 5/3 that's 518.



    I was given 374 (including the €100 deductions).



    He claims that there is only one option of pay (the 8% one), and that that's what his... ahem... auditor told him. What I'm wondering is are there any amendments or changes to the Organisation of Working Time that I don't know about?


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