The Labour Court varied an award to Sean Considine for sick leave pay, reducing the amount from €32,309.88 to €18,825.50. Its determination was dated 10 July 2023.
Considine, an Executive Engineer with Limerick City and County Council, claimed pay for sick leave from 30 November 2020 to 12 May 2021. The Adjudication Officer had awarded €32,309.88, calculated on the basis of full pay over that period.
The Council accepted that sick pay was due but disputed the calculation. It said €18,825.50 was payable for the period when Considine had moved from full pay to sick pay. The Court said it did not need to examine the matter further because the Council was prepared to pay that amount.
The Payment of Wages Act covers wages properly payable, while the Council argued sick leave payments were entitlements under its sick pay scheme rather than wages under the Act. The Court varied the earlier decision as to the amount payable.