FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AVISTA ( FORMERLY DAUGHTERS OF CHARITY DISABILITY SUPPORT SERVICE) (REPRESENTED BY BYRNE WALLACE SOLICITORS) - AND - A WORKER (REPRESENTED BY UNITE THE UNION) DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision No(s)ADJ-00029603, CA-00039386-001 This is an appeal by the Workers of an Adjudication Officer’s decision. The Adjudication Officer recommended that no further action be taken and that both sides treat the matter as closed. Summary of Worker’s submission The Union on behalf of the Worker submitted that she is working with the Employer since 2015 in the role of pensions administrator. In November 2019 she submitted a complaint against a senior manager under the organisations Dignity at Work Policy. An investigation took place and the investigator upheld one of her complaints. The Worker went out sick in January 2020 and submitted her grievance to the WRC on 26thAugust 2020. The Complainant was out sick until September 2021 at which time she was offered an alternative position and her GP certified her fit to resume work. The Worker submitted that had she been offered an alternative post at an earlier stage she could have resumed work and not suffered a loss of earnings from being out sick. It is her submission that in February 2021 Occupational Health indicated in their report that an alternative post should be considered. Summary of Employer’s submission Ms Smyth on behalf of the Employer submitted that they had investigated the Worker’s complaint. However, there was no recommendation arising from that report that she should be moved to another post. Shortly after the outcome of the investigation the Employer had reorganised their structures. The impact of that was that the Worker no longer reported to that manager and her trade Union representative was advised of that change. The Worker’s GP continued to certify her as unfit for duties until September 2021. The Worker was only off pay for four weeks as she had been left on half pay in error for eighteen months. The Worker has now been assigned to her current post on a permanent basis. Decision The Court having listened carefully to the submissions of the parties finds that while the Employers engagement with the Worker while she was out sick could have been better, the Complainant has benefited from being on half pay for an extended period when her entitlements to same had expired. The Court also noted that she has now been appointed on a permanent basis to the post she currently holds. On that basis, the Court decides that no further action is required of the Employer and that both parties should now put this incident behind them. The Decision of the Adjudication officer is upheld The Court so Decides.
NOTE Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary. |
