Case Number: ADJ-00023180. Workplace Relations Commission

Date02 June 2020
Docket NumberADJ-00023180
CourtWorkplace Relations Commission
Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The employer is a large retail establishment based throughout the country. The complainant was out on long-term sick leave from February 2019 until his return to work in March 2020.

Summary of Complainant’s Case:

The complainant submitted that he was on long-term sick leave from 4 February 2019 until 1 March 2020. According to his contract he was entitled to 8 weeks sick each year which was not paid to him. He also submitted that he was entitled to holiday pay/annual leave payment for the period which was not paid to him. The complainant submitted that he was not paid for the Public Holidays which occurred during this time.

Summary of Respondent’s Case:

The respondent submitted that it has met all of its obligations in relation to these matters. In terms of the sick leave to which the complainant suggests he was entitled, it outlined that the complainant was absent from work from 11 December 2018 until 3 January 2019. As a result of this absence, it undertook an investigation into the complainant’s unacceptable levels of absence. As part of the investigation outcome, the complainant was advised that any further occasions of absence may lead to his removal from the Company sick pay scheme. Following his absence in February 2019 during ongoing correspondence between the complainant and his manager, the complainant was informed that his sick leave would be unpaid. As the amount which the complainant suggests he is owed was not properly payable to him and was not deducted, the respondent is not in breach of the Payment of Wages Act.

In relation to the complainant’s annual leave entitlement, this entitlement has rolled over from last year and can be availed of in accordance with its procedures for seeking annual leave. The appropriate legislation allows for this and accordingly, the respondent that it is not in breach of the Organisation of Working Time Act in this regard.

In relation to element of the complaint regarding Public Holiday payments, the respondent submitted that this entitlement is available to the complainant as leave-in-lieu. The appropriate legislation allows for this and accordingly, the respondent that it is not in breach of the Organisation of Working Time Act in this regard.

Findings and Conclusions:

CA-00029774-001

The complainant was off on long-term sick leave and submitted that he was entitled to payment for the duration of his absence. The respondent submitted the...

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