Amcor Flexibles Ltd. must pay Ann Britton €1,000 after the Workplace Relations Commission found its sick pay scheme did not provide her with the statutory minimum during her qualifying period.
The decision, dated 9 August 2024, concerned Britton’s certified absence in January 2024. She had joined the company in April 2023, and its scheme required 52 weeks’ service before sick pay was available. The statutory scheme required 13 weeks’ service and had no waiting period.
The company argued its scheme was more favourable overall, including because it offered more paid sick days to longer-serving staff. The adjudication officer said benefits outside the relevant 12-month reference period could not be counted. As Britton’s scheme provided no payment within that period, it was not more favourable than statutory sick leave. The complaint was upheld and €1,000 compensation was ordered.