ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00011740

Parties:

Complaint(s):

Date of Adjudication Hearing: 13/02/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint

Complaint under the Payment of Wages Act 1991

Ca-00015585-001

Claimants position:

The claimant commenced employed with the respondent on the 4th February 2009, she worked 18 hours per week and she was paid €2890.47 per month. In 2016 the claimant was offered pro-rata contract of employment which reflected the nationally approved contract for the category of employee

It was submitted that the claimant fell ill on the 13th March to the 15th May 2017 and needed to claim illness benefit under the respondent’s sick leave policy.

The claimant has submitted that the respondent underpaid her to the tune of €3237.70gross. The claimant has submitted that she should have received her full entitlement from the 13th March 2017.

Respondent position:

The claimant was providing a contract for service to the respondent, supporting the Student Counselling Service since 2009. She was not on payroll now, but invoiced for services provided through the Agresso system.

In 2016, following discussions with the claimant, she was offered a pro-rata contract of employment which reflected the nationally approved contract for student counsellors.

The claimant was placed on the 8th point of the salary scale, reflecting the experience she had in the sector, as she was also providing a service to another education establishment in the jurisdiction.

Her contract of employment also contained a probationary period.

The claimant unfortunately fell ill in March 2017 and needed to claim illness benefit through the Social Welfare system and through the Sick Leave Policy of the respondent.

She was advised in writing on the 15th March 2017 that sick leave would be paid pro-rata to the length of service that she had as an employee of the respondent.

The claimant received 12 days full pay, 12 days half pay in accordance with the terms of the Public Sector Sick Leave Scheme, her time spent as an employee of the respondent and her contract of employment is for 43 weeks per year.

She went off pay from the 19th of April until the 15th of May 2017. The claimant is disputing the fact that she was not paid her full entitlement for this period.

Findings:

The complaint was received by the Workplace Relations Commission on the 3rd November 2017.

I find that having examined the claimants contract of employment which was and the sick leave policy section 4.13 states “where a member of Staff has completed less than 4 years continuous service with the respondent, his/her entitlement to sick pay shall be calculated by having regard to service to date”.

Based on the evidence as presented the claimant received her entitlement in accordance with the terms of the Public Sector Sick Leave Scheme.

Decision:

Section 41 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.

I find the complaint is not well founded and falls.

Dated:   2nd August 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell