Henryk Miszka v Tesco Ireland Limited [2024]

  • Decision Number
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Absence and Sickness, Working Time
Issues covered: Working time; annual leave; sick pay; accrual of leave during sick leave

Summary Sentence:

The Respondent’s payment of €4,559, or 6.7 weeks’ pay, to the Complainant for annual leave the Complainant accrued during his sick leave was sufficient to meet the Respondent’s legal obligations to the Complainant.


The Complainant was hired by the Respondent in May 2008. In July 2021 the Complainant became seriously ill and was placed on the Respondent’s sick pay scheme which lasted for an extended period of sixteen weeks, during which time the Complainant received compensation. After this period, the Complainant was on unpaid long-term illness leave. The Complainant was on sick leave for a total period of 86 weeks, or 20 months, and resigned his employment

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This article is correct at 23/05/2024

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Paul D Maier BL

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