North Quay Associates Ltd, a staffing agency operating at Dublin Port, has been identified as the first Irish company to violate the recently enacted sick leave legislation. The Workplace Relations Commission announced this morning that the firm has been instructed to compensate their employee, Michael Broderick, €450. This follows his grievance under the Sick Leave Act 2022.
Introduced in the initial days of 2023, this legislation mandates employers to remunerate employees 70% of their wages when off ill, albeit capped at €110 daily. The entitlement to sick leave will gradually be extended, with entitlement to three days in 2023, five days in 2024 and extending to ten days by 2026.
Mr Broderick alleges that he was deprived of his rightful three-day sick leave compensation in July 2023, terming the payment he received as “incorrect”. He further argued that he had been victimised for asserting his right to sick leave.
North Quay Associates, a provider of agency staff to the maritime industry, was represented at a hearing last month by HR consultant Ken Stafford. They fully acknowledged their noncompliance with the statutory obligations. Mr Stafford conveyed that they had rectified the financial discrepancy by the time the case was presented.
Penelope McGrath, the adjudicator, in her judgement noted that the final sick leave payment to Mr Broderick was made earlier this year. She emphasized that the company needs to fully understand the implications of the sick leave legislation and develop a straightforward policy.
She expressed regret that Mr Broderick had to resort to the WRC to hold his employer accountable, and stressed that the unique working conditions and allowances have made the enactment of the legislation more intricate than usual. Ms McGrath accepted the honesty of the employer and expressed confidence that such mistakes would not be repeated in the future.
“Despite the lack of proof that the plaintiff suffered any punitive actions, I am convinced that the plaintiff experienced aggravation and dissatisfaction in obtaining his lawful dues. The plaintiff’s situation warrants compensation, as per my assessments,” she noted.
Ms McGrath granted Mr Broderick a £450 recompense, labelling it a ‘fair and deserved’ amount under the given circumstances.
Although Mr Broderick is the inaugural employee to clinch a legal grievance under the sick leave law, till now, the employment tribunal has dismissed three similar worker complaints.
According to the adjudicators’ verdict in those instances, the employers’ company sick pay plans were deemed more beneficial than the statutory provisions.