The Workplace Relations Commission upheld Lee Peate’s complaint against Musgrave Marketplace, finding its sick leave scheme did not meet the legal test for replacing statutory sick pay. The decision, dated 17 December 2025, directs the company to pay statutory sick leave for the absence at a minimum rate of the lower of €110 or 70% of normal daily pay.
Peate said he was refused sick pay because he had not completed the company’s 12-month service requirement. Musgrave Marketplace argued that its scheme was more favourable overall, offering up to four weeks’ full pay after a year of service, less social welfare, with extra weeks for longer service. The WRC found the qualifying period blocked access to statutory leave and rejected the company’s argument that the scheme displaced its statutory obligations.