The Workplace Relations Commission found that Aoife O’Shea retained a more favourable entitlement to additional sick pay after her employment transferred from Cork Association for Autism to Praxis Care. The decision was dated 17 September 2024.
The union argued that Cork Association for Autism had consistently granted discretionary sick pay beyond the guaranteed period, creating an implied contractual term that transferred with employees. Praxis Care said the meaning of the provision and its reference period were unclear.
The adjudicator found that the previous employer’s consistent practice created a reasonable expectation and altered the contractual term. Under transfer rules, the new employer had to honour the term as it applied immediately before the transfer. O’Shea is entitled to the more favourable interpretation of additional sick pay, up to the maximum in her contract over a rolling four-year period. The decision records no monetary award.