Labour Court overturns annual leave decision in Sean Considine appeal

The Labour Court overturned a decision on Sean Considine’s annual leave complaint against Limerick City and County Council. In its determination dated 10 July 2023, the Court found that Considine accrued leave while on certified sick leave and could carry it forward for 15 months after the leave year ended. Considine, an Executive Engineer, said he had been denied his entitlement to accrue leave while sick. The Council accepted that statutory leave accrues during certified sick leave and that the 15-month carryover period applies. The Adjudication Officer had made no award on this complaint because leave accrued in the same period was being awarded under another complaint. The Court said the Council should interpret the provision flexibly so that delay in applying it did not disadvantage Considine. The decision clarifies that certified sick leave can count towards annual leave accrual and that unused leave may be carried forward for 15 months.