ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002243
Parties:
| Worker | Employer |
Anonymised Parties | A Nurse | A Care Centre |
Representatives | Grainne Walsh Irish Nurses & Midwives Organisation | Robin McKenna IBEC |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00002243 | 20/02/2024 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 25/06/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
Background:
The Worker stated that she should have received her sick pay entitlements when she went on sick leave on 14 October 2019. The Employer disputed this because she was on health and safety leave when she went on sick leave and had not returned to work between the two periods of leave. |
Summary of Worker’s Case:
The Worker stated that she went on health and safety leave on 4 October 2019 following a risk assessment. While she was on this leave, she developed an unrelated pregnancy related medical condition and was placed on pregnancy related sick leave by her GP on 14 October 2019. When she was not paid as expected on 28 November 2019, she raised a query with the Employer and was informed that she would not be paid for her sick leave as she could not switch between two forms of leave and be paid for both. |
Summary of Employer’s Case:
The Employer stated that the Worker in the instant dispute did not return to work following a period of health and safety leave and that she went on sick leave instead. They highlighted that there was no legislation or a provision in any government department circular that includes the commencement of sick leave as a ground for the ending of health and safety leave. Accordingly, there was no basis for paying her from the period from 14 October 2019, when she was on sick leave, to when she began her maternity leave. The Employer also stated that a recommendation in favour of the Worker would have implications for a body of workers, namely the entire public sector within Ireland. In addition, it was asserted that all terms and conditions of employment within the public sector are agreed between unions and management and that any changes to such terms of employment are agreed between the parties and form the basis of circulars. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
Firstly, I accept the suggestion made by the Employer that a Worker currently remains on health and safety leave:
1) until the risk has been removed, 2) until the risk no longer exists or alternative work is available 3) In circumstances, as pertained in the instant dispute, where the Worker commences maternity leave.
I also find that, in the absence of specific provisions in legislation or department circulars governing the Worker's terms and conditions of employment that permit a direct transition from health and safety leave to sick leave, a recommendation in the Worker's favour could have wider implications across the public sector. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
For the reasons set out above, I recommend that the Worker accepts that this matter is closed.
Dated: 27/08/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
|