LCR22379

1.Appeal of Adjudication Officer's Recommendation No.ADJ-00024516 CA-00031220-001

BACKGROUND:

2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 15 September 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 21 August 2020 the Adjudication Officer found the complaint to be “not well founded". A Labour Court hearing took place on 9 March 2021.

DECISION:

This is an appeal by an employee against the Recommendation of an Adjudication Officer Adj-00024516 CA-00031220-001 in his claim against his employer under the Industrial Relations Act, 1969. The Claimant sought application of the Temporary Rehabilitation Remuneration (TRR), a payment scheme provided under Statutory Instrument 124 of 2014, entitledPublic Service Management (Sick Leave) Regulations 2014. On 27th April 2019 the Claimant submitted a claim to management for payment of TRR for a period of sick absence from 10th August 2018 until 3rd May 2019.

On 17th June 2019, the Claimant’s application was refused. The Claimant contended that he was entitled to the payment as the Respondent’s Occupational Health Physician and his GP deemed him fit to return to work on 16th May 2019. He said that no reason was given for the refusal of the payment. He explained that the reason he retrospectively claimed the payment was that he was unaware of its existence until his trade union representative informed him in April 2019.

Management stated that it was not unreasonable to refuse TRR payment to the Claimant given that he had already been refused “Injury at Work Allowance” and secondly due to the Claimant’s frustration of the employer’s reasonable efforts to facilitate his return to work.

The Regulations provide that payment of TRR is at management’s discretion and stipulate that the payment is dependant on there being“a reasonable prospect, on the person’s part, of resumption of duty with ability to render regular and effective service”.

The Court notes that the reports from the Occupational Health Physician and the Claimant’s GP indicate a fitness to return to work on 16^thMay 2019, this preceded his application for TRR, and the Claimant continued to submit sick certs until 19thAugust 2019. Correspondence furnished to the Court indicates that management attempted to facilitate his return to work under supervision and with certain conditions he was required to adhere to. However, the correspondence indicates that those conditions were not met until August 2019, in the meantime he continued to be certified unfit for work by his GP.

The Court is not satisfied that the Claimant satisfied the criteria stipulated in the Regulations for payment of TRR during the period 10th August 2018 until 3rd May 2019 as claimed by him. On that basis the Court can find no reason to overturn management’s decision not to approve the TRR payment.

Accordingly, the Court upholds the Adjudication Officer’s Recommendation and rejects the Claimant’s appeal.

The Court so Decides.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
CC	______________________
15 March 2021	Deputy Chairman