ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00048080

Parties:

	Complainant	Respondent
Parties	Michael Broderick	North Quay Associates Limited

Representatives

Ken Stafford – External HR Advisor

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022	CA-00059065-001	28/09/2023

Date of Adjudication Hearing: 12/02/2024

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

In accordance with Section 41(2) of the Workplace Relations Act, 2015 and following the referral by an employee of a dispute as to the entitlements of the employee under an enactment which is specified in Part 3 of Schedule 5 of the Workplace Relations Act 2015 (as amended), and which has been made to the Director General, the said Director General shall refer this matter for Adjudication with the Adjudication services.

In accordance with Section 41(5) I can confirm that I have fulfilled my obligation to make all relevant inquiries into the dispute referred to the Adjudication Services. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of all relevant evidence tendered.

Any decision will be in accordance with the relevant redress provisions which are highlighted in part 1 of Schedule 6 of the 2015 Act and in this instance are set out in Section 14 of the Sick Leave Act of 2022. A decision may include an award of compensation in favour of the Employee of such an amount which I might consider just and equitable having regard to all the circumstances. The award will not exceed four weeks remuneration.

There is a complaint that the Employer has not given the Complainant his paid sick leave in accordance with the Sick Leave Act of 2022.

Employees who have been in continuous service for thirteen weeks and more may avail of a Statutory right to a payment from the Employer where the Employee has been absent by reason of a certified sick leave. The medical certificate must state that the employee is unfit to work due to their illness or injury.

The sick pay will be paid by the employer at a rate of 70% of the employee’s wage, subject to a daily maximum threshold of €110.00.

As of 2024 the Employee is entitled to have 5 (consecutive or non-consecutive days covered) days of paid sick leave. In 2023 only 3 days were covered.

Background:

This hearing was conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing.

The Specific Details of the Dispute are outlined in the Workplace Relations Complaint Form which was received by the WRC on the 28th of September 2023.

Summary of Complainant’s Case:

The Complainant was not represented and made his own case. The Complainant’s dispute was set out in his Workplace Relations Complaint Form. I was provided with supplemental documentary evidence in support of the Complainant’s case.

The Complainant alleges that he was not paid his sick leave entitlements in accordance with the Sick Leave Act of 2022. The Complainant has further stated that the payments which were made were inaccurate. The Complainant further states that he was penalised for raising the issue of his entitlement to statutory sick leave.

Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute.

Summary of Respondent’s Case:

The Respondent entity was represented by an external HR Manager.

The Respondent has fully accepted that it failed to comply with it’s Statutory obligation and has made good on the shortfall due and owing.

Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute.

Findings and Conclusions:

I have carefully listened to the evidence adduced herein. The Respondent has fully accepted that it was in the wrong, and I am satisfied that the full amount of monies which was payable to the Complainant after three days of sick leave taken in July of 2023, has now been paid. The last payment relating to 7.5 hours was made in January of 2024.

I understand that the Employer has yet to fully grapple with the implications of the Sick Leave legislation and that a clear policy needs to be prepared and launched in the workplace. Unusual work patterns and Allowances have made the implementation somewhat more nuanced here than in other workplaces. It is regrettable that the Complainant had to resort to the services of the WRC before his Employer could clarify its position regarding the three days sick leave taken in July of 2023.

I accept the Employer’s bona fides and understand that there is unlikely to be any repetition of the mistakes made. Whilst there is no evidence of the Complainant having been penalised, I am persuaded that the Complainant was frustrated and upset with the time and effort it took to be paid his legal entitlement. In the circumstances the Complainant is entitled to compensation.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.

Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022

CA-00059065-001 – The Employer failed to comply with the provisions of the Act and I find it just and equitable that the Complainant is entitled to an award of compensation in the amount of €450.00.

Dated: 27th February 2024

Workplace Relations Commission Adjudication Officer: Penelope McGrath

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