Force Majeure

crazy cat lady

Hi all,

My daughter was sick earlier in the year and I had to take a week off work (2 days) for which I was not paid for. I was not aware of Force Majeure at the time.

Last month our payroll/saleries person informed me in person that I should have been paid for this time off as I was entitled to force majeure days and would be paid accordingly in my September pay.

Our salaries person has since had to take time off unexpectedly and will not be back for quite a few months. I informed our financial controller (who has taken over the salaries role temporarily) of the force majeure pay that I was to be recieveing in my September pay just in case the information had not been passed on. This information had not been passed on and he is now saying that 'Force Majeure leave does not apply to a normal illness and is limited in its application. It also has to be applied for at the time of the occurrence' which sounds to me that he is refusing to pay it.

I have asked for clarification on this matter, but if it is the case that he is refusing to pay it, what are my options? Its probably not a whole lot of money but every little helps! And its the principle of the matter anyway. The way I see it, its a payroll mistake as they should have made me aware of my rights to it at the time. Its not something that a first time parent with a child in hospital is concerned with at the time!

Do you think I'd have a leg to stand on if I took this matter to the Rights Commissioner?

Thank you in advance for any replies

Eoin

Hi, you're looking for legal opinions, which can't be given here, so I'm locking this thread. Please PM me if you want to discuss.

PS - this page might give you a little more info on Force Majeur leave, for what it's worth:
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/types_of_leave_from_work.html