ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00056923

Parties:

	Complainant	Respondent
Parties	Joshua Taylor	Musgraves

Representatives

Did not attend and was not represented

Mr Des Ryan, BL

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022	CA-00069228-001	12/02/2025

Date of Adjudication Hearing: 26/11/2025

Workplace Relations Commission Adjudication Officer: Donal Moore

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

In attendance for the Respondent was Ms Wally, Ms Waverly, Ms Fay. The Complainant did not attend. I waited a sufficient amount of time for the Complainant to make a late appearance and on attempting to contact him I was informed that he was not going to be available for the hearing. Unfortunately, the Complainant did not apply for a postponement and I continued with the hearing. Having heard applications from the Respondent Barrister the hearing was properly closed.

Background:

The complaint concerned the non payment of sick leave under the relevant statute by the Respondent.

Summary of Complainant’s Case:

The Complaint did not appear.

Summary of Respondent’s Case:

The Respondent set out that it was within the law in that the scheme it had available to the Complainant was superior to the Act and they are exempt form following the statutory element of the Act. It was submitted by Mr Ryan, that the complaint be dismissed.

Findings and Conclusions:

As the Complainant has not put in an appearance and in circumstances where they have not sought a postponement I can only find that the complaint is not well-founded.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

For the reasons outlined above I find that the complaint is not well-founded.

Dated: 09/12/2025

Workplace Relations Commission Adjudication Officer: Dónal Moore

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