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:
The Complainant alleged he was not paid statutory sick leave in accordance with the Sick Leave Act 2022, and alleged that the payments which his employer did pay were inaccurate. The Complainant also alleged he was penalised for raising his entitlement to statutory sick leave. In response, the Respondent fully accepted its failure to comply with its statutory obligation. It advised the adjudication officer that it has fully paid the Complainant with any payment required for statutory sick leave.
Outcome:
The Adjudication Officer acknowledged that the Respondent had “fully accepted it was in the wrong” and accepted that the payment owed to the Complainant in respect of three days statutory sick leave, including a payment for an additional 7.5 hours which was delayed, has been fully discharged by the Respondent. The Adjudication Officer also recognised that the Respondent had not fully complied with their obligation under the Sick Leave Act 2022 and that a policy would need to be rolled out in the Respondent’s workplace. The Adjudication Officer further acknowledged that the nature of the Respondent’s business and working patterns related to it have made implementation of the Sick Leave Act 2022 more nuanced than it might be in other circumstances.
Despite all of this, the Adjudication Officer found it was regrettable that the Complainant needed to engage the services of the WRC to cause the Respondent to uphold his statutory entitlements. The Adjudication Officer did not find evidence of the Complainant having been penalised, the Adjudication Officer did find that the Complainant was frustrated and upset with the time and effort it took to be paid his legal entitlement, and that in those circumstances he is entitled to compensation. The Adjudication Officer set that compensation to be €450 to be paid by the Respondent to the Complainant.
Practical Guidance for Employers:
In circumstances where an employer is clearly in default of its statutory obligations, it is wise to admit responsibility to mitigate any compensation to the employee.
The full case is here:
https://www.workplacerelations.ie/en/cases/2024/february/adj-00048080.html
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