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Employer not giving annual leaves

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  • Registered Users Posts: 6,344 ✭✭✭Thoie


    I've spoken to hospital manager, the biggest manager U can get & he is saying the same.

    What else I should do?

    I'm trying to help. The hospital manager should be familiar with HR policy and the law, but you can't guarantee that. Regardless of whether he should or not, the hospital manager probably doesn't give two hoots about shift schedules. That's why I keep asking about HR - is there a dedicated HR person?

    If not, then phoning NERA is probably the next step, but if there's a HR department, talk to them first. Remember that HR's primary goal is always to prevent the company from being sued.


  • Registered Users Posts: 33 mumairsharif


    Thoie wrote: »
    I'm trying to help. The hospital manager should be familiar with HR policy and the law, but you can't guarantee that. Regardless of whether he should or not, the hospital manager probably doesn't give two hoots about shift schedules. That's why I keep asking about HR - is there a dedicated HR person?

    If not, then phoning NERA is probably the next step, but if there's a HR department, talk to them first. Remember that HR's primary goal is always to prevent the company from being sued.

    Really thankful for your advice.
    The manager I'm talking about is the HR manager. I'm pretty sure he is aware of all the rules & regulations.

    What exactly the NERA can do?


  • Registered Users Posts: 25,828 ✭✭✭✭Mrs OBumble


    OP, from your last post, and the earlier one about being able to locum, I'm assuming you're a doctor.

    So I'm moving this to the health sciences forum, hopefully the folks there can give you more specific advice about the employment and ethical / professional aspects should you decide to just take the leave anyway.


  • Closed Accounts Posts: 11,001 ✭✭✭✭opinion guy


    I've spoken to hospital manager, the biggest manager U can get & he is saying the same.

    What else I should do?


    Remind them that they are contractually bound to hire a locum to cover holidays.

    Failing that get a lawyer involved. Lawyers can get things done.
    Especially when you have an email as proof


  • Registered Users Posts: 10,240 ✭✭✭✭Marcusm


    The problem in my organisation there is an additional form the supervisor has to sign. So although I've a written email saying he agreed, he never signed the form.
    But my point is that he is giving the leaves to other peoples (junior staff) & saying that I've to stay to cover the junior staff despite of the fact the adequate cover available for my leaves.
    My point is that he should have been stopping the junior staff is he has a problem.
    Is this favouritism?

    It might be favouritism but that itself is not always a restriction of your rights (it would have to based on some specified grounds, race, religion etc). If you didn't get the form signed, presumably the leave was not formally recorded and you are still included in the roster? If this is the case, I think you have at least some responsibility with respect to the matter. It's hardly worth trying to sort this out in May and not following through to have it formally recorded. If you are only raising it now, can you establish that you need the leave (i.e. holiday booked) or can you not take some responsibility for failing to ensure that the form was signed. In making this comment, I am assuming, based on your comments, that you are aware of the requirement that the form be submitted and the roster updated.


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  • Registered Users Posts: 33 mumairsharif


    Marcusm wrote: »
    It might be favouritism but that itself is not always a restriction of your rights (it would have to based on some specified grounds, race, religion etc). If you didn't get the form signed, presumably the leave was not formally recorded and you are still included in the roster? If this is the case, I think you have at least some responsibility with respect to the matter. It's hardly worth trying to sort this out in May and not following through to have it formally recorded. If you are only raising it now, can you establish that you need the leave (i.e. holiday booked) or can you not take some responsibility for failing to ensure that the form was signed. In making this comment, I am assuming, based on your comments, that you are aware of the requirement that the form be submitted and the roster updated.

    My name is not on any roster & my leaves were only blocked to make sure other can take their leaves. There is adequate cover & I can't see any other valid reason.


  • Closed Accounts Posts: 1,489 ✭✭✭dissed doc


    If you just take the holiday anyway then that is the the same as quitting without notice. You will not then be paid for the last week, but you will get paif for any outstanding holidays.

    (But you will have burned your bridges with this employer and you can probably kiss good bye any chance of being rehired by the HSE in future.)

    Just take it and chalk it up to experience.

    Strange comment. The employer has burned the bridges not him. If the leave is approved in May it's approved.

    It is not your job to make sure there is cover or that adequate staffing is present. That is the employer.

    If they wish to rescind your leave then sue them. What has happened is you are being decided as the soft touch who will roll over.

    1. Breach of employment contract and unreasonable requests being made if you
    2. You are expected to provide cover for others
    3. The only way you should be present during your approved leave is uf you are doing your own locum.

    They messed up, not you. If it's approved on paper, go.

    Sad ti see the last paragraph above by Irish Exec End. No one gives damn if you stayed or left, there are no bridges to burn and not respecting yourself will do much more damage to your life and career than offending someone who does't give a damn two weeks later.


  • Registered Users Posts: 2,523 ✭✭✭Traumadoc


    Tricky one as I presume the problem is that all the docs on the service want to take leave at the same time.

    You really need to get legal/union advice.

    I would ask them to provide it in writing that they are refusing to grant leave.


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