ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054705
Parties:
| Complainant | Respondent |
Parties | Brian Kelleher | Irish Prison Service |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00066628-001 | 11/10/2024 |
Date of Adjudication Hearing: 11/06/2025
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
Summary of Complainant’s Case:
On September 28th, 2024, the complainant had to avail of a ‘Domestic Violence Leave’ day. On October 2nd when returning to workhemetwithhisHRmanager whose lineofquestioning he regarded as intrusive, and it madehimvery uncomfortable asthiswasanextremelysensitiveandprivatematter. On November 11th he was notified by HR that domestic violence leave had not been granted, and he had to use annual leave. No explanation or reasons were given to me as why this was declined. He says that he falls within the terms of the provisions of Domestic Violence leave. The person he was supporting was a former partner. He confirmed to the Adjudicator that he did not share the specific information about the person and purpose of the leave with his manager. He says the subsequent refusal of the leave constituted the act of penalisation. |
Summary of Respondent’s Case:
The respondent says that this complaint is misconceived. The complainant is alleging he was penalised for taking a domestic leave violence leave day and therefore a claim of penalisation under the Sick Leave Act, 2022 does not arise. Any claim for penalisation for taking a domestic violence leave day property brought onto the parental leave legislation. |
Findings and Conclusions:
This complaint of penalisation has been made under the Sick Leave Act, 2022.
However, his complaint of penalisation relates to a claim for a Domestic Violence leave Day. That should be made under the Parental Leave Act (which he has done in a separate reference).
I find that the complainant has submitted this complaint under the wrong legislation and 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 reason set out above Complaint CA-0006628-001 is not well founded. |
Dated: 3RD July 2025
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Domestic Violence Leave |