ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001685

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00002319-001	01/02/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00002319-002	01/02/2016

Date of Adjudication Hearing: 05/07/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

I was disabled out of work due to illness on the 1st day of July 2010. In July/August 2015 Irish Life who were providing income protection to my employer ceased payments due to the fact that they determined that the I was fit to return to work. The employer did not facilitate my return to work until the 8th of February 2016 and I have not been paid any wages by employer or the income protection provider from the 31st August 2015 to the 8th of February 2016.

I was not supported by my employer in my dealings with the income protection provider. Furthermore when the income protection provider determined that I was in their view fit to return to work as and from the 31st of August 2015. Up until the 8th of February 2016 my employer did not facilitate my return to work.

Further submissions were made by the Claimant's representative in regard to the details of her loss.

Respondent’s Submission and Presentation:

The Respondent refuted the claim. The Claimant ceased to receive payment of salary from July 2010. She was on sick leave and her entitlement to sick leave had expired. From January 2011 until August 2015 she was in receipt of income protection from Irish Life under the policy held by the Respondent.

From August 2015 to October 2015 she was appealing the decision of Irish Life to cease payment, presumably on the basis that in her belief, she was unfit for work. It was only when the appeal was not upheld by Irish Life that she notified the Respondent that she was fit to return to work.

The Respondent sought to ensure that she was occupationally fit to return to work as she had been out for five years as part of its health and safety obligations to her.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.

Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]

Issues for Decision:

Was the Claimant entitled to be paid when she was on sick leave?

Legislation involved and requirements of legislation:

Section 6 of the Payment of Wages Act 1991

Decision:

I have considered the submissions of both parties. The Claimant has been on long term sick leave and had benefitted an income continuance plan. This plan was terminated by the insurer.

The claim has been made under the Payment of Wages Act 1991. This Act only deals with wages properly payment to the Claimant. It cannot deal with whether the Claimant is fit to return to work. or not.

In this case the Claimant has not actually returned to work. There is no clause in her contact that entitles her to be paid by the Respondent while not working.

I do not find the claim well founded and it fails.

Dated: 4 October 2016