Is a Discretionary Clause in a Sick Pay Scheme Always Permissible?
Published on: 14/02/2023
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Marek Adamiuk v Tesco Ireland Limited ADJ-00034163

The Employee's Position

The complainant commenced employment with the respondent on 1 February 2008 as a Warehouse Operative. He states that he was injured in work on the night of 13 May 2021 while lifting a crate of wine. He states that in trying to save the stock, he hurt his back. He asserts that his contract provides for sick leave payment during absence due to illness but the respondent failed to honour said payment. The complainant states that the respondent is in breach of the Payment of Wages Act by not paying him his entitlement to sick leave payment which is set out in his contract of employment and in the employee

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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 14/02/2023
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