The Labour Court overturned a decision that the Health Service Executive had underpaid Marco Di Marzio’s sick pay for a Sunday absence. The determination was signed on 19 June 2017.
Di Marzio said his sick pay should have included the premium rate for three rostered Sunday hours, citing earlier sick pay calculations that included premium payments. The HSE said its policy used basic pay and that previous premium payments had been made in error.
The Court accepted that the HSE calculated sick pay at the basic rate unless a different rate had been expressly agreed. It found no evidence of such an agreement with Di Marzio and concluded that premium rate sick pay was not properly payable for his absence on 6 September 2016.