Shannon Reina

Sk Biotek Ireland Ltd

Employer wrongly denied statutory sick pay after disciplinary sanction.

The Complainant outlined how the Respondent’s Absence Management Policy triggered disciplinary procedures after repeated sick leave, including certified absences due to Covid-19 and a work-related injury. She described attending investigation and disciplinary meetings where she was questioned about her illnesses, ultimately receiving a verbal warning and loss of sick pay. She appealed, citing the Sick Leave Act 2022, but her appeal was rejected. She reported significant mental and emotional distress throughout the process, claiming it created a culture of fear around taking sick leave. After further illnesses and personal bereavement, she resigned in June 2024 due to mental health concerns linked to the disciplinary procedures. The Adjudicator clarified the WRC’s role and burden of proof requirements. Although the Complainant raised several workplace issues, the sole formal complaint before the WRC concerned a failure to pay statutory sick leave.

The Respondent provided a written submission. Although several representatives from the Respondent company attended the hearing, no witnesses were offered to give evidence, and the Respondent relied solely on its written submissions and oral argument. Following the hearing, the Respondent forwarded additional materials. The Respondent firmly rejected any entitlement on the part of the Complainant to statutory sick pay.

The Adjudicating Officer considered the evidence and found that, while the Respondent’s application of its absence management policy was harsh, it was consistent with its internal procedures. The Complainant suffered multiple certified illnesses, triggering disciplinary action and a verbal warning in January 2024. After a further period of illness in May 2024, she faced another investigation, prompting her resignation due to fear of ongoing sanction. Although the Respondent argued its internal sick leave scheme was more favourable than the statutory Sick Leave Act 2022, the Adjudicator found the Complainant had been excluded from that scheme due to disciplinary measures. As a result, she was entitled only to statutory sick pay, not the employer's enhanced scheme. The Adjudicator concluded that the Complainant’s statutory rights had been breached and awarded her €500 in compensation under the Sick Leave Act 2022, finding the complaint well-founded.

• Employers should exercise caution when managing employee absences. Even where workplace absence policies are stricter than statutory standards, employers must ensure employees are not unlawfully deprived of minimum rights under the Sick Leave Act 2022. Internal sanctions cannot override statutory entitlements if an employee becomes excluded from a company sick pay scheme.
   
  
• Before commencing disciplinary action based on certified sick leave, employers should clearly distinguish between wilful absenteeism and genuine medical absences. Certified medical absences must be treated carefully to avoid potential claims for discrimination, or breach of statutory rights. Fair procedures, including clear warnings and proper mitigation steps, should always be observed.
   
  
• Where an employer provides a “more favourable” sick pay scheme, per s.8 of the Act, it must actually be accessible to employees at the relevant time. Excluding an employee from that scheme through internal sanctioning without preserving their statutory protections risks liability.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2025/march/adj-00052845.html