PWD1715

This is Mr Stipla’s (“the Complainant”) appeal against the decision of an Adjudication Officer (ADJ-00004825, dated 12 April 2017). The Notice of Appeal was received by the Court on 20 April 2017. The Court heard the appeal in Dublin on 9 June 2017. The Complainant litigated his appeal in person; the Respondent was represented by Peninsula Business Services.

The Complainant has been employed as a leisure attendant at the Respondent’s facility in Longford since 14 September 2007. His original employer was Longford Pool Construction Company Limited T/A Longford Sports & Leisure Centre. Two transfers of undertaking occurred between 2007 and the events which gave rise to the within complaint under the Payment of Wages Act 1991 (“the Act”). It is not necessary to recite the details of those transfers in the context of this determination.

The Complainant went on certified long-term sick leave on 14 February 2016. (He remains, as of the date of hearing, on sick leave, albeit he is no longer in receipt of sick pay from the Respondent.) The second of the transfers referred to earlier in this determination took place on 7 March 2016 with the effect that the Complainant’s employment transferred “on no less favourable terms” to the Respondent herein on that date. The Complainant’s original contract of employment of September 2007 provided (in Appendix 3) that he was to be paid sick pay in accordance with the “appropriate regulations”. On enquiring as to what was intended by this term, the Respondent discovered that custom and practice applied to the payment of sick pay to employees on long-term certified absence whereby such employees were paid full pay for 6 months and half pay for 3 months. Accordingly, as he had absent on sick leave for almost six months by that date, the Complainant was informed by letter dated 10 August 2016 that his sick pay was to be reduced by half with effect from the pay date that fell due on 19 August 2016. The Respondent commenced paying the Complainant half of his basic wage by way of sick pay on that date.

The Complainant submits that he was entitled under the terms of his contract to be paid sick in accordance with the relevant regulations. However, he was unable to offer the Court any explanation of what he understood that term to connote. Likewise, he was unable to point to an example of an employee of the company he was originally employed by who received long-term illness benefits other than those offered to him by the Respondent.

Discussion and Decision

The Appeal fails as the Complainant has failed to establish that the amount of €140.00 which he claims was unlawfully deducted from his wages/sick pay on 19 August 2016 was properly payable to him.

The Court so determines.

Signed on behalf of the Labour Court



Alan Haugh
13 June 2017.______________________
MNDeputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.