In Alan Lehane v Sean Ahern Ltd ADJ-00051505, the Workplace Relations Commission (“WRC”) found that an employer’s sick pay scheme was more favourable overall than entitlements provided for under the Sick Leave Act 2022 (“the Act”), notwithstanding that the Complainant had been disadvantaged by a waiting period under the employer’s sick pay scheme.

Facts:

The Complainant’s case was that he was an employee of the Respondent from August 2021 to February 2024. He claimed that in January 2024, he was absent from work for three consecutive days. The Complainant submitted that he had noticed that his next payslip did not reflect payment for these absences, as he had anticipated given the Respondent participated in the Construction Worker’s Pension Scheme (“CWPS”) and followed the CWPS sick pay scheme (“CWPS scheme”). The Complainant claimed that he queried this with his employer, who informed him that the CWPS scheme did not provide sick pay until a fourth day of absence. The Complainant contended that he should have received pay for his absences through the statutory sick pay scheme (“SSP”) instead, as it would entitle him to be paid from the first day of absence. It was the Complainant’s submission that the SSP was the more favourable of the two schemes and highlighted that the CWPS scheme’s three-day waiting period meant that he may never claim the benefit of sick pay due to potentially only ever being absent for short periods of time.

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