Worker

Employer

Anonymised Parties

A Worker

A Policing Organisation

Representatives

 A Representative Association

Employee Relations Bureau

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 - 00002015

27/11/2023

The worker submitted no reasoned decision was given for the category of sickness allocated for his absence.

The worker submitted that he incurred injury on duty as false allegations were made against him which was investigated and arising from this he was out on sick leave.  A previous WRC Recommendation was issued IR 00000976 with regards to appealing the sick leave decision.  The worker submitted that this allowed him to proceed with an appeal but no reasoned decision was issued despite the employer’s OH physician outlining the casual connection between the worker’s absence and the incident that occurred.

Case law cited included  ADJ-00033967, IR- SC–00000953, Re Haughey [1971] IR 217, Deming Gao v The CommissIoner of An Garda Siochana [2018].

The employer submits that the worker had a previous related dispute IR 00000976 and that the worker had not appealed this.  As a result of the AO recommendation the worker was allowed to appeal a decision regarding sick leave for his absence.  The worker’s appeal was not upheld and the employer’s decision was that the absence should be recorded as ordinary illness and not injury on duty.  The employer dismissed any claims that the employer did not have the right to issue a decision regarding such matters.

Case law cited included Shortt v Royal Liver Assurance Ltd [2008] IEHC 332, Bord Gáis Eireann & A Worker AD1377, An Garda Síochána & A Worker LCR 22724, IR-SC-00000976.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

I note that some matters referenced were subject to an IR Recommendation IR-00000976.  As a result of this recommendation the worker appealed a decision by the employer regarding the workers absence and the appeal dated 15/08/2023 was not upheld and the absence was regarded as ordinary illness and not injury on duty.  The employer submits that the process with regards to the worker was generally fair and no losses were incurred by the worker and the worker did not appeal the AO’s recommendation regarding the appeals process.

I note that the employer’s decision regarding the sick leave dated 15/08/2023 outlines the documentation considered including the medical reports. It is highlighted that the employer’s occupational physician considered there was a “causal connection between the (workers) medical condition…and the reported incident” and the employer then outlines employer that injury on duty does not arise in this case.  This may well be an appropriate decision with regards to all the circumstances of the case but it does not appear to be a reasoned decision.  Having considered all the matters and submissions I, therefore, recommend as follows:

Owing to the unique circumstances of this case including that the employer has already had opportunities to ensure a fair procedure, I find it is appropriate that the worker should be awarded €750 by way of compensation.

I further recommend that the employer reviews their procedures to give clarity as to whether the employer’s injury on duty sick leave policy applies in cases such as this, where there is a causal connection between a worker’s medical condition (including mental health conditions) and internal investigations.

Having considered all the matters and submissions I, therefore, recommend as follows:

Owing to the unique circumstances of this case including that the employer has already had opportunities to ensure a fair procedure, I find it is appropriate that the worker should be awarded €750 by way of compensation.

I further recommend that the employer reviews their procedures to give clarity as to whether the employer’s injury on duty sick leave policy applies in cases such as this, where there is a causal connection between a worker’s medical condition (including mental health conditions) and internal investigations.

Sick  pay, injury on duty