The recent decision of the Workplace Relations Commission (“WRC”) in A Worker v Service Provider to Financial Services (ADJ-00048825) is one of only a few decisions issued to date under the relatively new Sick Leave Act, 2022.

Facts: The Complainant was employed as a customer service advisor with the Respondent company, and had occupied this role for just over a year at the time of lodging his complaint with the WRC. The Complainant had been disciplined for poor attendance a number of times over the months preceding the date on which he lodged his complaint.

The Complainant submitted a complaint to the WRC under the Industrial Relations Acts. In his complaint form, reference was made to sections 11(1), 11(2), and 12(1) of the Sick Leave Act, 2022 (the “Act”). Section 11(1) of the Act states that an employee, while on statutory sick leave, must be treated “as if he or she had not been so absent and such absence shall not affect any right related to the employee’s employment whether conferred by statute, contract or otherwise.” Section 12(1) states that an employee shall not be penalised or threatened with penalisation for exercising or proposing to exercise his or her right to statutory sick leave.

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