Complainant

Respondent

Anonymised Parties

A Security Company employee

A Security Company

Representatives

In person

Mr B Keogh

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-00014175-001

22/09/2017

The complainant is employed by the Respondent as a Security Officer since November 2010. The complainant is contracted to work 36 hours per week and at various client sites as requested. The complainant’s rate of pay is currently €11.05 per hour. This complaint relates to the non-payment of Sickness Benefit as provided for in Section 9 of the Security Industry Employment Regulation Order.

The complainant stated that he has not been paid his sickness benefit entitlement as provided in the Security Industry ERO. The complainant stated that he went on Holiday to his home country in or around June/July 2017 and was unable to return to work due to illness in Mid-July as arranged. The complainant stated that he emailed the respondent to confirm his illness on 31st July 2017. The complainant stated that the notification of his illness was delayed due to the fact that he had suffered a blackout and was very ill in hospital for a number of days. The complainant stated that he has continued to provide monthly certificates since 21st July 2017. The complainant is seeking that he be paid his entitlements under the ERO.

The respondent stated that the complainant did not report his illness in compliance with the ERO and accordingly payment of the illness benefit has been withheld.

The Security Industry ERO provides as follows in relation to Sickness Benefit:

(9) Sick Pay Scheme

“The Sick Pay Scheme will be non-contributory.

No payment will be made for the first 3 days of any absence.

The employer must be contacted at least 1 hour before the rostered commencement time on the first day of absence.

Benefit will only be payable where a medical certificate, signed by a medical practitioner and specifying the nature of the illness, is submitted on the fourth day of absence. Medical certificates must be submitted on a weekly basis thereafter.

The Sick Pay scheme will apply on a calendar year basis, either from 1st January to 31st December or in line with the holiday year as it applies in each company.

The Scheme will apply to full-time workers based on a 39-hour week, and part-time workers on a pro rata basis.

Any employee found to be abusing the Sick Pay Scheme will be subject to disciplinary procedures up to and including dismissal.

The employer will reserve the right to refer an employee for an assessment by the Company doctor. The cost of the referral will be met by the employer.

The Sick Pay Scheme will not cover absences arising from or relating to the following:

Traffic accidents (excluding those incurred during the course of employment)

Substance abuse

Sports injuries

Injuries sustained while working for another employer.

(10) Benefits

Employees will be entitled to the following benefit:

After 2 years’ service - 3 weeks’ benefit

After 3 years’ service - 4 weeks’ benefit

After 4 years’ service - 5 weeks’ benefit

Benefit will be €120 euro per rostered week, or pro rata.  

Employees will retain the Social Welfare payment and it is their responsibility to apply for and collect this payment.”

In the instant case, the complainant did not report his illness as required by the ERO. However, he explained the reasons why he could not do so. He stated he was in hospital having suffered a blackout and was very ill for a number of days. He subsequently furnished the respondent with medical certificates confirming his absence.

The complainant, on the basis of his service with the respondent is entitled to 5 week’s illness benefit at a rate of €120 per week.

Having considered the submissions of both parties and the evidence adduced at the hearing of this complaint, I declare that the complaint is well founded.

The respondent is directed to pay the complainant €600 sickness benefit within six weeks of the date of this decision.

Security Industry ERO sick pay