Financial Services Union (Represented by Mr. Matthew Jolley B.L. Instructed by Bowler Geraghty & Co) v Gerry Hanna (Represented by Mr. Desmond Ryan B.L. Instructed by Reddy Charlton)

• Jurisdiction: Ireland
• Judgment Date: 13 January 2020
• Judgment citation (vLex): [2020] 1 JIEC 1309
• Date: 2020
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.PWD202 ADJ-00017540 CA-00022685-003
• Court: Labour Court (Ireland)

PARTIES:

Financial Services Union (Represented by Mr. Matthew Jolley B.L. Instructed by Bowler Geraghty & Co)

and

Gerry Hanna (Represented by Mr. Desmond Ryan B.L. Instructed by Reddy Charlton)

FULL RECOMMENDATION

PW/19/52

DETERMINATION NO.PWD202

ADJ-00017540 CA-00022685-003

Labour Court

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Mr Marie

Worker Member: Ms Tanham

SECTION 7(1), PAYMENT OF WAGES ACT, 1991

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No. ADJ-00017540 CA-00022685-003.

BACKGROUND:

2 2. This is an appeal by the Worker of an Adjudication Officer's Decision under the Payment of Wages Act 1991. A Labour Court hearing took place on 19 December 2019. The following is the determination of the Court:-

DETERMINATION:

3 2. This is an appeal by Mr Gerry Hanna against the Decision of an Adjudication Officer ADJ-00017540 CA-00022685-003 under the Payment of Wages Act 1991 (the Act) in a claim that his employer, Financial Services Union made an unlawful deduction from his wages.

4 For ease of reference the parties are given the same designation as they had at first instance. Hence Mr Gerry Hanna will be referred to as “the Complainant” and Financial Services Union will be referred to as “the Respondent”.

5 He referred his claim to the Workplace Relations Commission on 17 ^th October 2018.

6 By Decision dated 11th July 2019, the Adjudication Officer found that his complaint under the Act was not well founded.

Background

7 The Respondent is a trade union representing staff in the Republic of Ireland, Northern Ireland, and those employed by Irish institutions in Great Britain and overseas. The Complainant has been employed with the Union since 23 ^rd June 2005 as a Senior Industrial Relations Officer.

8 The Complainant suffers from a disability and was absent on certified sick leave from 23rd May 2015 until 23rd October 2018.

Summary of the Complainant's Case

9 The Complainant was represented by Mr Desmond Ryan, B.L., instructed by Reddy Charlton Solicitors. Mr Ryan said that the Respondent failed to pay the Complainant the wages due to him pursuant to his contract of employment. He said that the Complainant made numerous attempts to engage with his employer regarding his return to work between November 2017 and October 2018 when he was eventually returned to work. During this time, he received 75% of his salary under the Income Protection Insurance Scheme. Mr Ryan submitted that the Respondent's failure to engage with the Complainant in relation to his return to work resulted in him being disentitled to his full salary for almost one year. This, he submitted, was contrary to the Act, as well as to his contractual entitlements.

10 Counsel maintained that the claim related to the period of time that he was medically certified as fit to return to work as of 13th March 2018, yet the Respondent refused to allow him to return to work until 23rd October 2018. The Complainant was then placed in a position where he was unable to avail of his contractual entitlement to work and receive a full salary. He submitted that the Respondent's refusal left the Complainant at a...