ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00054196

Parties:

	Complainant	Respondent
Parties	Ewa Ciszek	The Wildflower Café Limited

	Complainant	Respondent
Anonymised Parties

Representatives

Café Owner

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022	CA-00066068-001	17/09/2024

Date of Adjudication Hearing: 11/03/2025

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

In accordance with Section 41(2) of the Workplace Relations Act, 2015 and following the referral by an employee of a dispute as to the entitlements of the employee under an enactment which is specified in Part 3 of Schedule 5 of the Workplace Relations Act 2015 (as amended), and which has been made to the Director General, the said Director General shall refer this matter for Adjudication with the Adjudication services.

In accordance with Section 41(5) I can confirm that I have fulfilled my obligation to make all relevant inquiries into the dispute referred to the Adjudication Services. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of all relevant evidence tendered.

Any decision will be in accordance with the relevant redress provisions which are highlighted in part 1 of Schedule 6 of the 2015 Act and in this instance are set out in Section 14 of the Sick Leave Act of 2022. A decision may include an award of compensation in favour of the Employee of such an amount which I might consider just and equitable having regard to all the circumstances. The award will not exceed four weeks remuneration.

There is a complaint that the Employer has not given the Complainant her paid sick leave in accordance with the Sick Leave Act of 2022.

Employees who have been in continuous service for thirteen weeks and more may avail of a Statutory right to a payment from the Employer where the Employee has been absent by reason of a certified sick leave. The medical certificate must state that the employee is unfit to work due to their illness or injury.

The sick pay will be paid by the employer at a rate of 70% of the employee’s wage, subject to a daily maximum threshold of €110.00.

As of 2024 the Employee is entitled to have 5 (consecutive or non-consecutive days covered) days of paid sick leave. In 2023 only 3 days were covered.

Background:

This hearing was conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing.

The Specific Details of the Dispute are outlined in the Workplace Relations Complaint Form which was received by the WRC on the 17th of September 2024. In general terms, I will therefore be looking at issues that have arisen in the six-month immediately preceding that date.

Summary of Complainant’s Case:

The Complainant was not represented and made her own case. The Complainant had already set out her complaint in the workplace relations complaint form which case was backed by evidence including what’s app messages etc. The Complainant confirmed that she has now been paid the Statutory Sick Pay which she should have received in August of 2024. This money has come in later than it should have, and the Complainant expressed her dissatisfaction with this fact.

The Complainant had alleged that she was not paid her sick leave entitlements in accordance with the Sick Leave Act of 2022.

Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute.

Summary of Respondent’s Case:

The Respondent was represented by the owner of the Café. The Respondent Owner had already made good the shortfall by this matter came on before me.

Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute.

Findings and Conclusions:

The Complainant had been engaged in the Respondent Café premises since February of 2024. In and around August of 2024, the Complainant was forced to take nearly two weeks off by reason of a certified sickness.

The Complainant forwarded the relevant sick certificate to her Employer and was thereafter surprised to note that her Employer had paid her by taking the days out of her accrued annual leave. The Complainant communicated her dissatisfaction with this situation and a short time later the Complainant issued the complaint through the Workplace Relations Commission.

It is noted that the Respondent has since addressed the issue and a sum of money equivalent to 70% of the Complainant’s pay for five days was run through payroll on the week ending the 2nd of March 2025 and this was clearly done in response to the upcoming hearing of this matter.

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.

Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022

CA-00066068-001 – The complaint herein was well founded but in circumstances where the Respondent has already paid to the Complainant the monies to which she was entitled no further decision or direction is required.

Dated: 28/04/25

Workplace Relations Commission Adjudication Officer: Penelope McGrath

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