Case Number: ADJ-00001844. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00001844
Date02 August 2016
PartiesEmployer v Employee

Adjudication Decision Reference: ADJ-00001844

Complaint(s)/Dispute(s) for Resolution:


Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969



Date of Adjudication Hearing: 21/06/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee


In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or Section 13 of the Industrial Relations Act, 1969 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).

Complainant’s Submission and Presentation:

The Co. offered which me a position which my specialist consultant has said I am not fit for. The Co. job specification for the offered job differed greatly from reality of position. In oral evidence, supported by a large written submission which contained considerable medical evidence, the Union submitted that the type of work being offered to the Complainant was now completely different from what was understood by the Medical Authorities and alternatives needed to be considered. Pragmatically a decision on Ill Health retirement should be considered.

Summary of Respondent’s Submission and Presentation:

The Complainant has been absent on a plea of illness since February 2013.

His position is currently under appeal of dismissal

His absence is being managed via the Respondent’s Attendance Support Management Process (ASMP)

He was referred to the Respondent’s Chief Medical Officer (CMO) in February /March 2014.

The CMO declared the Complainant fit for work in an alternative location to his original posting.

This was the subject of an Independent Medical Review.

In late 2014 it was agreed following the Independent and the CMO Medical reports that he Complainant was fit to undertake “Desk Based Work

A number of alternative locations were offered to the Complainant and he returned to work for two week in June 2015. From 3rd July 2015 he has remained on Sick leave.

From the 27th July 2015 sick pay has been withdrawn by the Respondent.

The Respondent submitted that the Complainant is clearly seeking retirement on ill health grounds.

He has failed to satisfy the CMO of the medical requirements for same.

The Respondent has been very patient but the medical advice is that the Complainant is medically fit for the work offered to him. He does not qualify for medical early retirement on ill health...

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