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Organisation of Working Time Act, 1997 (No. 20)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-10)1. Short title and commencement.2. Interpretation.3. Non-application of Act or provisions thereof.4. Exemptions.5. Employer relieved from complying with certain provisions in certain circumstances.6. Compensatory rest periods.7. Regulations and orders.8. Inspectors.9. Repeals.10. Expenses.Part II Minimum Rest Periods and other matters relating to Working Time (ss. 11-18)11. Daily rest period.12. Rests and intervals at work.13. Weekly rest periods.14. Sunday work: supplemental provisions.15. Weekly working hours.16. Nightly working hours.17. Provision of information in relation to working time.18. Prohibition of zero hours working practices in certain circumstances and minimum payment in certain circumstances.18A. Banded hours.Part III Holidays (ss. 19-23)19. Entitlement to annual leave.20. Times and pay for annual leave.21. Entitlement in respect of public holidays.22. Public holidays: supplemental provisions.23. Compensation on cesser of employment.Part IV Miscellaneous (ss. 24-41)24. Approval of collective agreements by Labour Court.25. Records.26. Refusal by an employee to co-operate with employer in breaching Act.27. Complaints to rights commissioner.28. Decision of Labour Court on appeal from decision referred to in section 27(3).29. Enforcement of determinations of Labour Court.30. Evidence of failure to attend before or give evidence or produce documents to Labour Court.31. References to rights commissioner by Minister.32. Provisions in relation to outworkers who are employees.33. Prohibition on double employment.34. Penalties, proceedings, etc.35. Codes of practice.36. Provisions in relation to Protection of Young Persons (Employment) Act, 1996.37. Voidance of certain provisions.38. Amendment of section 51 of Safety, Health and Welfare at Work Act, 1989.39. Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain cases.40. Alternative means of claiming relief in cases of non-compliance with Part III.41. Increase of penalties under certain enactments.First Schedule Transitional Provisions in relation to Annual Leave EntitlementsSecond Schedule Public HolidaysThird Schedule Entitlement under section 21 in respect of Public Holidays: ExceptionsFourth Schedule Enactments RepealedFifth Schedule Transitional Provisions in relation to section 15(1)Sixth Schedule Text of Council Directive
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AI Summary of 23. Compensation on cesser of employment.

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 August 2015 - onwards
Version 3 of 3

23. Compensation on cesser of employment.

(1)

(a) Where -

(i) an employee ceases to be employed, and

(ii) the whole or any portion of the annual leave in respect of the relevant period remains to be granted to the employee,

the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave.

(b) In this subsection -

'relevant period' means -

(i) in relation to a cessation of employment of an employee to whom subparagraph (i) of paragraph (c) of subsection (1) of section 20 applies, the current leave year,

(ii) in relation to a cessation of employment of an employee to whom subparagraph (ii) of the said paragraph (c) applies, that occurs during the first 6 months of the current leave year -

(I) the current leave year, and

(II) the leave year immediately preceding the current leave year,

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