FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Removal from sick pay scheme.
BACKGROUND:
2. This dispute arose from the manner in which the Worker informed his Employer that he was ill and went off duty. The Employer, noting that he was the third Worker to leave work in this manner that day, removed the Worker from the sick pay scheme for three months. The Worker referred this case to the Labour Court on 23rd November, 2011, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 23rd February, 2012.
WORKER'S ARGUMENTS:
3. 1. The Employer was fully aware of the Worker's medical condition, both prior to and on the day in question.
2. The Worker complied fully with the sick leave procedures.
3.The Employer ignored its own procedures and caused the Worker financial loss.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker announced that he was sick and went off duty without any further discussion or explanation.
2. The Worker's actions were not in compliance with the sick leave procedures.
3.The Employer's decision to remove the Worker from the sick pay scheme was, in the circumstances, reasonable and proportionate.
RECOMMENDATION:
This dispute was referred to the Court pursuant to Section 20(1) of the Industrial Relations Act, 1969. The redress sought in the referral was 'reinstatement to sick pay scheme'.
It is clear that since the referral the Worker has been reinstated in the sick pay scheme. He now seeks an alternative remedy. In a case such as this the Court cannot recommend a remedy which was never asked for in the original referral.
Accordingly, the Court recommends that the Worker accepts that the dispute which he referred to the Court has now been resolved.
Signed on behalf of the Labour Court
Kevin Duffy
27th February, 2012______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.