Anne O'Connell

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WRC Finds Company Sick Pay Scheme Less Favourable Overall than the Statutory Sick Pay Scheme

By Anne O’Connell

– posted 2 years ago

In a decision from the Workplace Relations Commission (“WRC”) in Ann Britton v Amcor Flexibles Ltd (ADJ-00050138), the Complainant sought sick pay under the statutory sick pay scheme (“SSP scheme”) for five days certified absence. The Respondent contended that she was not entitled to the payment as the company sick pay scheme (“CSP scheme”) overall was more beneficial and on that basis the Complainant had no entitlement to payment under the SSP scheme. This assessment was not accepted by the Complainant, and she submitted a complaint under the Sick Leave Act 2022 (“The 2022 Act”).

Facts: The Complainant commenced employment with the Respondent on 20^th April 2023. The Respondent operated a CSP scheme, the details of which were given to the Complainant on her commencement and outlined in her contract. The CSP scheme provided that, following 12 months service an employee may be paid sick leave of up to ten days once a medical certificate was provided on the third day.

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