ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059703
Parties:
| Complainant | Respondent |
Parties | Emma O Connor | Kingdom Investments Ltd |
Representatives |
| NFP HR Solutions Ireland Limited |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00072370-002 | 12/06/2025 |
Date of Adjudication Hearing: 02/09/2026
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant, a wedding coordinator with the Respondent commenced employment on 28 March 2025 with her employment terminating on 27 May 2025. It was her complaint that she was penalized for exercising her rights under the Sick Leave Act 2022.
The Respondent was represented by Mr Patrick Shanny of the NFP HR Solutions Ireland Limited and attended with Sean McDermott, General Manager. Submissions were received and relied upon. |
Summary of Complainant’s Case:
After waiting a reasonable period of time, the Complainant’s did not attend the hearing. Having reviewed the file, I am satisfied that the Complainant was on notice of the hearing. Furthermore, her representative attended at the hearing, as a matter of courteous, to advise she was coming off record where the Complainant did not provide updated instructions. |
Summary of Respondent’s Case:
The Respondent submitted that Section 5(5) of the Sick Leave Act 2022 expressly provides that an employee must have completed 13 weeks of continuous service before becoming entitled to statutory sick leave. The Respondent submitted that the Complainant's period of employment amounted to just over eight weeks and therefore fell short of the minimum qualifying service prescribed by the 2022 Act. Consequently, there was no entitlement to statutory sick leave arose. |
Findings and Conclusions:
In the circumstances where the Complainant failed to attend to pursue her complaint, I find it not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find the complaint not well founded. |
Dated: 17 September 2026
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
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