ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00015535

Parties:

	Complainant	Respondent
Anonymised Parties	A Postal Sorter	A Postal Company

Representatives

Self-Represented

HR Manager

Complaint(s):

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-00020198-001	03/07/2018

Date of Adjudication Hearing: 15/10/2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 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).

The issues in contention are those as stated at the Oral Hearing on the 15th October 2018.

Matters raised by the Complainant post this date cannot be considered in this Adjudication.

At the Oral Hearing the Respondent gave an undertaking to pay the Complainant a Sunday Duty payment on receipt of a suitable medical certificate.

This was provided, and the Complainant was paid as promised.

The issuing of a Formal Adjudication finding was held over to allow this issue to be disposed of.

Supplementary issues that the Complainant may now wish to have considered, post this payment, are not within the ambit of this Adjudication.

The Adjudication decision is a matter of record only.

Background:

The issue in contention concerns payment for a Sunday, the 13th May. The Complainant was not paid for this day as the Respondent employer felt that it was not provide for within the Agreed Sick pay rules.

1: Summary of Complainant’s Case:

The Complainant worked Sunday 13th May 2018 and did not receive payment for this day. He was fully fit for work on the day and was entitled to have been paid. Local attempts to have the issue resolved proved unsuccessful.

2: Summary of Respondent’s Case:

The Complainant had been on periods of Sick Absence prior to and post Sunday 13th May. The Respondent felt that proper medical certification procedures and in particular Return to Work clearances regulations had not been observed. Peculiarities regarding the patterns of Sick Pay on Weekdays v/v Sundays were pointed out by the Respondent.

If these irregularities regarding Sunday, the 13th May , were cleared up payment would be made.

3: Findings and Conclusions:

As a formal decision under Section 6 of the Payment of Wages Act, I direct that the Complainant receive a payment, in keeping with normal Company Agreed practice and the Rules of the Sick Absence policy for the Sunday, the 13th May 2018. The exact amount of the payment to be as set out in Agreed procedures and practices.

This payment only to be made once the Complainant has observed the required rules of the Sick Pay scheme and furnished the required Medical evidence as set out by the Respondent at the Oral Hearing.

The parties agreed to carry out this decision at the Oral Hearing (they did so) and this Adjudication finding is a matter of Record only in relation to matters before the Oral Hearing on the 15th October 2018.

4: Decision:

Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision. Please refer to section Three above for detailed reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00020198-001	Subject to agreed Medical/Sick Absence requirements a payment is to be made to the Complainant for the Sunday-13th May 2018.

Dated: 16-01-2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Key Words: