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D. Cases

It is often the case that Organisations will give their Employees benefits which are not legislative or common practice, simply “nice to have” benefits which may entice Employees to work with them, and remain working with the Organisation. Such benefits may include offering an Employee a Career Break, Paternity Leave, or Exam and Study Leave.

It is important for Organisations to understand the implication and significance of offering such a benefit, and how this relates to existing legislation. Our team at Adare Human Resource Management have encountered a series of employment law cases pertaining to Non- Statutory leave; topics covered include retaining key documentation relating to leave dates and timeframes, and an Organisations flexibility following the birth of a child. Both cases have been thoroughly examined with the additional benefit of a key insights summary in addition to the full text. Whilst neither of these types of leave were statutory, Organisations can find themselves in a position where they have to make an aware following a third party forums decision, where reasonableness and fairness are not demonstrated.

There are some cases set out below in relation to non-statutory leave, and Organisational considerations in relation to these.

Below are a selection of Non Statutory Leave cases from 2009 - 2011 the team at Adare Human Resource Management have compiled for your viewing. Some are private viewing for our members. To access the archive of cases please log in or sign up to Linea.

UD1481 - Joshua Selfridge v BK Groundworks - Flexibility following the Birth of a Child
UD810 - Jimmy Lee v CG Power Systems Ireland Ltd - Keeping Documentation

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