Complainant

Respondent

Anonymised Parties

{A Worker}

{A Contract Cleaning Company}

Representatives

Bernadette Thornton SIPTU

Judy McNamara IBEC

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00011514-001

23/05/2017

The Worker is a contract cleaner with the Company. He was ill for a few days as a result of a workplace injury returning to work in February 2017.

The Worker says that 3 weeks after he returned to work, he was taken off the roster on 3rd March 2017, put on sick-leave and sent for a medical assessment. The details of the appointment were incorrect and he missed the appointment. He disputes that he was contacted by telephone prior to the appointment. He was not allowed back to work until 29th March 2017, even though he was fit for work. He is seeking his financial loss as he was fit for work, and has exhausted the internal process. He seeks loss of earnings of 150.75 euro per week for 3 weeks.

The Worker is a contract cleaner in a school who works 15 hours per week at 10.05 per hour. The Complainant was absent from 3rd February 2017 and certified as fit to return to light duties on 9th February 2017, and the nature of these were unspecified. Company practice is that following a workplace injury the employee attends an occupational health physician in advance of return. It was an oversight that the Worker returned to work without this being carried out.

The Worker was placed on sick-leave pending medical assessment to verify his fitness for work and any reasonable accommodation required on 3rd March 2018. The Worker was contacted by telephone but did not attend the first medical appointment on 16th March 2017, the second appointment was arranged on 28th March 2017. The Worker was then found fit for work and returned immediately.

The Respondent acted reasonably and in accordance with its policy.

The Respondent consented to the investigation of the dispute by an Adjudication Officer. I have carefully considered the written and oral submissions of the parties made at the hearing.

The Worker is employed by the company following a transfer of undertakings. The company policies and procedures were notified to him following his transfer. For absences extending beyond 1 week a fit to return certificate is required which he obtained and this qualified him for light duties. The Company advises that it their practice to ensure that employees attend an occupational health physician in advance of their return to work from sick-leave. The Worker was unaware of this requirement.

Due to an oversight by the Company, the Worker worked for a number of weeks prior being placed on unpaid sick-leave again pending a medical assessment on his fitness on 3rd March 2017. He was unpaid for 3 weeks of sick-leave. Due to an administrative error on the letter he received he did not attend the first medical appointment on 16th March 2017, and disputes that he was contacted to confirm this. He waited a further 12 days before the second medical appointment found him fit for work.

In the circumstances, and given the administrative error that occurred, I recommend a payment in respect of 10 days financial loss to the Worker by the Respondent of 300.10 euro compensation.

In the circumstances, and given the administrative error that occurred, I recommend a payment in respect of 10 days financial loss to the Worker by the Respondent of 300.10 euro compensation.

Unpaid Sick-pay, procedures to assess fitness for work, error, delay