ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00017127
Parties:
| Complainant | Respondent |
Anonymised Parties | A nurse | A health care provider. |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00022135-001 | 25/09/2018 |
Date of Adjudication Hearing: 04/04/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969 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.
Background:
The Complainant is a nurse and worked at two separate locations for the same employer. The Complainant unfortunately went on a period of sick leave from 16th September 2013 until 5th January 2014. She received sick pay entitlement from one of the locations but not from the other. This complaint was received by the Workplace Relations Commission on 25th September 2018. |
Summary of Complainant’s Case:
The Complainant was represented at the hearing by her representative from the INMO who made a comprehensive submission on her behalf. |
Summary of Respondent’s Case:
The Respondent’s representative was apologetic for the unacceptable amount of time it had taken to address the Complainant’s issue and accepted that there was a case to be answered by the Respondent. |
Findings and Conclusions:
I will not go into the facts of the case as there appears to be no area of disagreement between the parties. The Complainant is due an amount of sick pay. As the Adjudication Officer hearing this complaint it would be remiss of me not to address the amount of time taken by the Respondent to rectify this mistake they have made. The first correspondence in relation to the complaint was sent to the Respondent on 5th April 2014 – some five years ago, this is unacceptable and certainly cannot be ignored. I recommend a nett payment of €2,000 to the complainant as a full and final settlement of the complaint. Such payment should be made to the Complainant within 42 days of the date of this recommendation. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
As outlined above. |
Dated: 17/04/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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