FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NOONAN SERVICES GROUP LIMITED (REPRESENTED BY MSS) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-130254-ir-13/GC.
BACKGROUND:
2. This dispute concerns the Worker's claim that he did was denied his entitlement to sick pay while absent from work. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 15th August, 2013 the Rights Commissioner issued the following Recommendation:-
- "I recommend that in settlement of his claim ... that the [Company] pay the [Worker] the sum of €200."
On the 26th August, 2013 the Company appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 19th February, 2014.
3. 1. The Worker forwarded medical certificates to the Company.
2. The Company denies any liability for sick pay benefits.
3.The Rights Commissioner's Recommendation provides a reasonable basis for the settlement of this dispute.
COMPANY'S ARGUMENTS:
4. 1. The Worker was absent due to ill health for almost six years.
2. Any entitlement to sick leave would have been exhausted long before the Worker transferred to the Company.
3. The Worker has no contractual right to sick pay from the Company.
DECISION:
Having considered the extensive oral and written submissions of both parties in this case the Court upholds the decision of the Rights Commissioner and decides accordingly.
The Court has made no formal overt or implied interpretation of the sick pay scheme in coming to this decision.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
31st March, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.