ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00012437

Complaint(s):

Date of Adjudication Hearing: 07/08/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 13 of the Industrial Relations Acts 1969] 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).

CA-00016432-001

Industrial relations

A            payment for sick leave

B            Payment for 7 days holidays

Background

Sick pay

The claimant was employed as a non-consultant hospital doctor by the respondent from July 2016 until July 2017. In October 2016 the claimant requested sick leave from Monday 10th October to 14th October 2016 so that she could undergo necessary surgery. This leave was approved and the claimant submitted a medical certificate on the 24th October 2016 to cover her sick leave absence. It was submitted that the claimant was entitled to payment under the sick schemes as a Non –Consultant doctor. The respondent has refused to pay the claimant under the sick pay scheme as she did not submit her medical certificate until the 24th October 2016. It was submitted that the respondent was well aware that the claimant was on sick leave. It was stated in the aftermath of the surgery the claimant was recovering and so she was not in a position to submit the medical certificate with the time limits set down by the respondent in the sick leave policy.

The claimant submitted that she is owed an amount of €946.11 in respect of sick pay.

The respondent has a clear policy on sick pay, where a medical certificate is not received within a week of the first day of absence sick pay will not be approved. It was further submitted that Backdated/retrospective medical certificates will not be accepted. This policy is consistently applied by the respondent payroll department. The claimant went on approved sick leave on the 10th October no medical certificate was received until the 24th October despite requests.  

The claimant had submitted a leave request form indicating upcoming sick leave from Monday 10th October to Friday 14th October 2016. The request was received on the 7th October by the respondent by email. The respondent acknowledged the request on the same date and the claimant was also provided with a copy of the respondent’s sick leave policy and the requirement for a medical certificate to be submitted within 5 days as the claimant was going to be absent for longer than 3 days, you are required to submit a sick certificate from GP or consultant only.

Holidays

The claimant submitted that she was entitled to a total leave 7 days holiday entitlement to 17 days inclusive of Public Holidays and she only took 10 days. It was submitted that the claimant was owed 7 days holidays amounting to €1103.00

The respondent submitted that under the IR acts. It is expected that all staff at all levels of the organisation will exhaust internal procedures prior to taking a claim externally

The claimant did not raise any issue about the non-payment of Public Holidays until the lodgement of the WRC complaint which took place after her termination of employment. The only issue raised by the Union on the claimant's behalf prior to the termination of her employment and prior to the lodgement of the WRC claim was the issue of sick pay.

Findings

Both parties made written submissions and additional documentation was received following the hearing.

Re; Sick Pay claim

I find the respondent policy is clear, in so far as, a medical certificate is required after 3 days of absence. I find that based on the evidence as submitted that the policy was further clarified to the claimant when her sick leave was approved. I find that this policy has been applied on a continuous basis by the respondent.

Re; Holidays

I find that if the claimant had an issue with the non-payment of holidays that this should have been raised with the respondent in the first instance.

I find there is a responsibility on all parties to fully utilise the internal procedures prior to having a complaint referred to the WRC.

I am making the following:

Recommendation

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]

Sick Pay

I find the respondent policy is clear where a medical certificate was required for absence more than 3 days I cannot support the claimant’s claim for sick pay.

Holidays

I find that the claimant has an entitlement to 7 days leave and I recommend that she is paid the sum of €1103.79 gross.

Dated:   2nd November 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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