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Worker sanctioned for absenteeism when he was on sick leave wins three weeks' wages

Summary

A Workplace Relations Commission adjudicator ruled that an employer breached the Sick Leave Act by disciplining a worker for absenteeism that included certified sick leave. The applicant, identified as Mr F, was a customer service advisor earning €12.70 per hour. He received a written warning in November 2023 following an absence on 12 October 2023, which he claimed was due to flu-like symptoms and supported by a doctor's note. The employer, a service provider to the financial services sector, argued the warning was justified by a history of unplanned absences and denied breaching the Act. Adjudicator Emer O'Shea found that the disciplinary action was linked to the claimant's absence on statutory sick leave, constituting a breach of the legislation. However, she found no evidence of penalisation as alleged. The adjudicator awarded Mr F €1,428.75, equivalent to three weeks' pay, for the breach. This is only the second time an employer has been found to have violated the Sick Leave Act since it came into effect in early 2023. The decision was anonymised due to a parallel Industrial Relations Act complaint heard behind closed doors. Separately, Minister of State Emer Higgins stated that further expansion of the sick leave scheme in 2025 is subject to economic assessment, citing business concerns over labour regulation costs.

Who, what, where, when and why

What: Report matter: Worker sanctioned for absenteeism when he was on sick leave wins three weeks' wages. Procedural stage: hearing_or_decision

When:

• September 2023 Other
• 12 October 2023 Other
• 25 October Hearing Or Sentence
• 6 November Hearing Or Sentence
• 12 October Hearing Or Sentence
• March 2022 Other
• 2024-05-24 Publication

Why: He said they were because either he or members of his family were unwell. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report