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Case note: Royal Court decision on statutory annual leave accrued during sick leave

Case Note

|

1 September 2022

Written by:

Vicky Milner

,

Banaszkiewicz v Mill Holdings (St Brelade) Limited

In an appeal from a decision of the Jersey Employment and Discrimination Tribunal, the Royal Court has confirmed that, having left employment, a former employee may have no claim for a payment for arrears of statutory annual leave accrued during sick leave if the individual could have taken relevant steps at the time but failed to do so.  Subject to the particular circumstances, such steps might include:

  • Taking paid annual leave during long term unpaid sick leave
  • Taking paid annual leave after returning from sick leave
  • Requesting that accrued untaken leave be carried forward to the next holiday year

The Royal Court further confirmed that decisions of the European Court of Justice on annual leave rights arising under the Working Time Directive are not “of a highly persuasive nature” when it comes to interpreting Jersey legislation.

The Royal Court dismissed the appeal as it could not be said that the Tribunal had erred in law.

Advocate Vicky Milner appeared as Amicus Curiae in the Royal Court.

Click here for the full judgment:

Banaszkiewicz v Mill Holdings (St Brelade) Limited Trading as The Boat House 16-Aug-2022 (jerseylaw.je)

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