Judgment No. 1985
THE COMPLAINT IS DISMISSED.
The complainant was not required to work during the period from June 1995 to September 1997. She claims annual leave for that period. "Annual leave is a period of rest granted to employees each calendar year, the length of which is calculated on the basis of service completed, and that the right to such leave may be acquired only after a period of actual work which may include periods, of which there is an exhaustive list, that are treated as periods of actual work. The complainant completed no period of service which may be treated as a period of actual work, and so may not claim annual leave for the period in question."
entitlement for service rendered; leave; annual leave; commutation of accrued leave
"The purpose of home leave is to allow employees whose work separates them for a specified period from the place with which they have the closest connection outside the country in which they are employed, to return there in order to maintain their ties. The complainant was not required to work during the period from June 1995 to September 1997; and she does not deny residing in Canada, her home country, during that period. Therefore, she may not claim home leave for the period in question. The fact that the [organisation] granted her the expatriation allowance retroactively does not imply that she was also entitled to home leave."
allowance; entitlement for service rendered; leave; home leave; home