ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057403
Parties:
| Complainant | Respondent |
Parties | Liga Sediha | Aramark |
Representatives | Not present | IBEC Representtive |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00069536-001 | 25/02/2025 |
Date of Adjudication Hearing: 23/10/2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public.
Background:
The Complainant submitted a compliant that she had not received her full statutory sick pay entitlement and that she was not covered by the Company Sick Pay scheme. |
Summary of Complainant’s Case:
The Complainant is employed as a Barista and submitted a complaint that she was due some sick leave days under the Sick Leave Act and that she should be covered by the Company Sick Leave Act. |
Summary of Respondent’s Case:
The Respondent denied that the Complainant had any further entitlement to leave under the Act in a detailed written submission and that the claim to be covered in a company sick pay scheme was not an issue for adjudication under the Act. The Complainant became an employee of the Respondent through TUPE. She had no entitlement to a sick pay scheme written into her contract with her previous employer and this situation remained unchanged when she transferred to the Respondent. On notification of the Complainants complaint in February the Respondent attempted to meet the Complainant on at least two occasions to discuss her entitlement. The Complainant did not turn up for these meetings. The Respondent conducted a review of the Complainants case and on review decided she was due three days under the Act and pad those days to the Complainant on April 10th 2025.. |
Findings and Conclusions:
A copy of the Respondents rebuttal of the claim was provided to the Complainant in advance of the Hearing and she was asked to specify her exact complaint under the act in advance of the Hearing but she did not reply to this request. A Complaint was received by the Director General of the Workplace Relations Commission by Liga Sediha on February 25th 2025 alleging that her employer contravened the provisions of the Sick Leave Act 2022 in relation to her. The said complaint was referred to me for investigation. A Hearing for that purpose was held on October 23rd 2025. There was no appearance by or on behalf of the Complainant at the Hearing. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly. In addition, based on the Respondents submission, I determine the Complainant had no entitlement to the claims sought under the Act at the time of the Hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find the complaint to be not well founded. |
Dated: 31st of October 2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Sick leave |