Henryk Miszka v Tesco Ireland Limited [2024]
Decision Number: ADJ-00047574 Legal Body: Workplace Relations Commission
Published on: 23/05/2024
Article Authors The main content of this article was provided by the following authors.
Paul D Maier BL Barrister
Paul D Maier BL Barrister
Paul maier

Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.

Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.

Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.

Background

Summary Sentence:

The Respondent’s payment of €4,559, or 6.7 weeks’ pay, to the Complainant for annual leave the Complainant accrued during his sick leave was sufficient to meet the Respondent’s legal obligations to the Complainant.

Background:

The Complainant was hired by the Respondent in May 2008. In July 2021 the Complainant became seriously ill and was placed on the Respondent’s sick pay scheme which lasted for an extended period of sixteen weeks, during which time the Complainant received compensation. After this period, the Complainant was on unpaid long-term illness leave. The Complainant was on sick leave for a total period of 86 weeks, or 20 months, and resigned his employment in May 2023, with the employment ending on 4

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 23/05/2024
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