Republic of Ireland Law
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1. The bot***** *****ne is that if your employment contract provides for the giving of four weeks notice, then you either have to serve this notice period or pay your employer compensation in lieu of notice. Essentially, your employment contract was only suspended whilst you were on the Government 70% of wages scheme. It was not ended. So, for you to end your employment contract, you need to give the period of notice stated in your employment contract, and if this is four weeks notice, then you need to wait the four weeks until 3rd July before you can leave your employment. Essentially, you cannot hand in your notice on 5th June and simply leave, unless you are agreeable to pay compensation to your employer to buy out your notice period. So, you should attend work on Monday and work the four weeks notice. Essentially, you have to work the contractual period of notice stated in your employment contract to validly end it.
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3. Yes, your annual leave can be used to serve out your notice. 20 days annual leave amounts to four weeks notice. So, this would be fine. But you should formally write to your employer and state you are taking your annual leave for the next four weeks and wish to be paid accordingly.
4. No power has been given to employers to refuse annual leave. So, unless there is some power given in your employment contract which allows your employer to decide when you can take annual leave, you can take it when you want. So, look at the clause in your employment contract which deals with holidays to see what is permitted. The answer to your question depends upon the terms of the clause in the employment contract which deals with annual leave - is it at the discretion of the employer or is the employee free to decide when to take annual leave?
5. All employment contracts were merely suspended whilst the covid-19 situation was in effect. The employment contracts were not ended. So, you were still subject to your employment contract's terms even though the Government was paying you. So, you could at any stage have ended your employment contract, but you had to do so, in accordance with its terms. Similarly, your employer could only end the employment contract in accordance with the employment contract terms. For both of you, one of the terms was to give notice to end the employment contract. So, unless you validly end the employment contract you are still subject to its terms, including the notice requirement. Essentially, you remained on the payroll and until you validly ended the employment contract you still had to be paid, whether this was from the Government or from your employer.
6. You are welcome. I know this might not be the answer you wanted to hear, but this is where the law stands on it all.
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