Workers may lose out on holidays

THOUSANDS of holidaymakers stranded abroad are likely to have to take holidays or unpaid leave for all additional days that they are trapped overseas.

Peninsula Ireland, an employment law and health consultancy, said it had received more than 1,000 calls from employers over the last five days asking how to deal with employees who fail to return from annual leave due to the travel disruption.

According to the National Employment Rights Authority, “with regard to an employee being unable to present for work, regardless of the circumstances, there is no legal entitlement for that employee to be paid”.

It also says that with regard to taking holidays, the Organisation of Working Time Act 1997 provides that the employer decides when holidays are to be taken “having regard to work requirements and subject to his/her taking into account the need for the employee to reconcile work and any family responsibilities and the opportunities for rest and recreation available to the employee”.

A number of employees are understood to be contacting employers and asking for paid force majeure leave. However, it does not apply. People may only claim that type of paid leave if their absence relates to the injury or illness of certain family members.

“A lot of employers are looking at forcing employees to take holidays as they just do not have the work available,” said Peninsula managing director Alan Price. “Employers can be flexible with regards to additional annual leave or unpaid leave, but employers are not required to give additional paid leave due to these unprecedented circumstances.”

He said a number of companies were now looking at overtime or recruiting temporary workers to fulfil the commitments of the absent workers.

The Irish Congress of Trade Unions has called on employers to be sympathetic to the plight of their employees who have been unable to travel and are missing from work as a result.

“Docking wages is a harsh reaction and it will put even more pressure on workers who may have incurred significant and unexpected costs trying to find alternative ways to get home,” said Esther Lynch, ICTU legislation officer.

“ICTU is urging employers not to penalise people by putting pressure on them to use up what’s left of their annual leave.

“We witnessed this earlier in the year when workers absent due to the extreme weather were put under pressure to use up their annual leave.”

Meanwhile, the Commission for Aviation Regulation has said those trapped abroad do still have significant entitlements from their airline under EC Regulation No. 261/ 2004 – including coverage for the cost of food and accommodation.

These rights and entitlements apply, even though the flight cancellation/long delay was the result of extraordinary circumstances beyond the control of the air carrier i.e. a volcanic ash cloud,” the commission said.

“It is also important to note that by virtue of the extraordinary nature of this event, the other significant entitlement afforded to passengers whose flights have been delayed or cancelled under Regulation 261 – compensation – is not deemed payable by air carriers in these circumstances.”

However, NCB stockbrokers have predicted that, given the massive onus placed on airlines by the volcano ash, they are likely to question whether they are liable and may look for government assistance in meeting the claims.