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-00019225-001

16/05/2018

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. The complainant has been absent on Sick Leave since mid-July 2017. 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 did not receive his sickness benefit entitlements as provided for in the Security Industry Employment Regulation Order in respect of his absence in 2018.

The respondent stated that the complainant’s entitlements had been paid.

There was some confusion at the adjudication hearing in relation to the complainant’s entitlements. The complainant confirmed that this complaint related to sickness benefit entitlements for 2018. The respondent stated that the entitlements had been paid on foot of a previous Adjudication Decision (ADJ-00010925). It was clarified that the previous adjudication decision related to sickness benefit entitlements for 2017.

The complainant confirmed that he referred this complaint to the WRC without contacting the respondent in relation to his entitlements as he had previously been ignored on the issue. This led to some confusion as the respondent thought the complainant’s entitlements had already been paid.

It was clarified to the complainant that such issues should be raised at local level in the first instance and the respondent be given the chance to comply prior to referring matters to the WRC for adjudication.

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.”

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 in Sickness Benefit in relation to his absence in the 2018 calendar year.

Security Industry ERO, Sickness Benefit