Tesco Ireland Limited v Sharon Brennan [2023]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Absence and Sickness
Issues covered: Payment of Wages; Sick Pay; Social Welfare Deduction


The Complainant worked with the Respondent since 12 December 2016 as a Customer Assistant,20-25 hours per week. The Complainant received a cancer diagnosis and was out sick from 13 June 2021 to 19 September 2021, a period of 14 weeks. During this time, the Complainant was eligible for paid sick leave, less any entitlement to social welfare. The Complainant was only eligible for €1 a week from social welfare, and so applied to the Respondent to only have this amount deducted from her paid sick leave. Despite this, the Respondent deducted a cumulative total of €832 for the eight weeks of paid sick leave to which the Complainant was entitled, despite only receiving €8 from social

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This article is correct at 15/08/2023

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Paul D Maier BL

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