The claimant in the case at hand was acting as the director of a public school and it was her task to schedule the annual leave of all school teachers, to submit the annual appointments made within the deadlines prescribed, including her own right to annual leave, as well as the requests for its granting.
The Dolj Tribunal (the ‘Court’) established that the former director did not make any leave appointments for herself or for the other school teachers during her mandate as school director, nor did she file any requests to take her annual leave, although she acknowledged she took a small number of days from her annual leave entitlement during the relevant period.
As no evidence was provided to the Court in respect of the performance of tasks concerning the scheduling of annual leave, the request of the former director to receive compensation for the untaken annual leave was rejected.
The Court applied the findings of ECJ Case C-619/16 (Sebastian W. Kreuziger – v – Land Berlin) and the conditions required for the loss of the right to annual leave or for its compensation to apply.
Our Romanian member firm’s experts Andreea Suciu and Teodora Manaila wrote a case report for European Employment Law Cases. For any questions on this case, please contact them.
