An Employer who included statutory sick leave days when disciplining worker for absenteeism found in breach of Sick Leave Act 2022

The employee, a customer service advisor had a number of unplanned absences from work for his own illness and family illness in 2023. Due to a high level of absence, he was disciplined with a verbal warning on the 25 of September 2023. In his claim he said that he became very sick with flu like symptoms while at work on the 12 October 2023. He was absent for 1.5 days and submitted a medical cert and availed of Sick Pay as per the Sick Leave Act 2022. The claimant submitted that subsequent to this the respondent disciplined him with a written warning.