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First Finding Against an Employer under the Sick Pay Act 2022

Facts: The Complainant in Michael Broderick v North Quay Associates Limited ADJ-00048080 alleged that he had not been paid in accordance with the Sick Leave Act 2022 (“the Act”), claiming that the payments that had been made were inaccurate and furthermore that he had been penalised for raising the issue in relation to his entitlement.

The Respondent in the matter acknowledged that they had failed to comply with their statutory obligation under the Act and duly paid the shortfall to the Complainant in January 2024.

Decision: The Adjudicator accepted the Respondent did not fully understand the implications of the Act and there was no clear policy in the workplace. The Adjudicator also accepted that while there was no penalisation, the Complainant was frustrated at the extent he had to go to exert his rights under the Act. On that basis that it was just and equitable to do so, the Complainant on that basis awarded compensation of €450.00.

Takeaway for Employers: Employers need to ensure that they fully understand their obligations under the Act, by having a clear updated Sickness policy in place.

Links https://www.workplacerelations.ie/en/cases/2024/february/adj-00048080.html

Authors – Ethna Dillon and Anne O’Connell  

26th April 2024

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