Karolina Leszczynska v Musgrave Operating Partners Ireland ADJ-00044889 concerned a complaint to the Workplace Relations Commission (“WRC”) under the Sick Leave Act 2022 (“the Act”). The Complainant argued that she was entitled to the benefits under the Act despite her employer the Respondent having a sick pay scheme in place.

Facts: The Complainant has been employed by Respondent as a shop assistant since 2007. The Respondent operates 22 SuperValu branches, formerly Superquinn stores.

The Complainant was absent due to illness for four consecutive days in January 2023 and was paid by the Respondent for the fourth day only, as per the Respondent’s sick pay scheme. The Complainant argued she was entitled to statutory sick pay (“SSP”) under Section 5 of the Act. Section 5 of the Act provides that employees are entitled to SSP for up to three days per year. The Respondent has a sick pay scheme which provides for eight weeks paid sick leave. However, under the Respondent’s scheme the first three days of sickness absence are considered “waiting days” and are unpaid.

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