FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY COUNTY AND CITY ENTERPRISE BOARD (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner's Recommendation R-128263-IR-13.
BACKGROUND:
2. The case before the Court concerns the Worker's appeal of Rights Commissioner's Recommendation R-128263-IR-13. The Worker claims that she was treated in an inequitable manner by her Employer following her removal from payroll while absent from work on grounds of illness. She claims that the Employer withheld sick pay from her contrary to the terms of the sick pay scheme. The Employer rejects the Worker's claim arguing that it acted in accordance with the terms of its sick leave policy and treated the Worker fairly in all the circumstances of the case. The case was referred to a Rights Commissioner for investigation and recommendation. On the 15th October, 2013 the Rights Commissioner issued his recommendation as follows:
"In coming to a recommendation in this matter I do not intend to strike it out as petitioned. Rather I say that the Claimant was obliged to comply with the instruction to attend the independent medical examiner as requested even in circumstances where she was not in possession of the circular. I note that there was a certain degree of latitude offered in relation to the date of attendance. In all the circumstances therefore I am not in a position to make a recommendation favourable to the Claimant".
On the 7th November, 2013 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.
UNION'S ARGUMENTS:
3. 1. The Worker was treated unfairly when she was directed to attend a company nominated doctor on her first day of illness and before she had the opportunity to submit a medical certificate from her own doctor to the Employer.
2. The Worker contends that the Employer unilaterally removed her from the payroll.
3. The Worker asserts that at no time did she refuse to comply with the Employer's request to attend an independent doctor.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer acted in accordance with the terms of the sick pay policy and removed the Worker from the payroll following her refusal to attend the company doctor.
2. The Worker was aware of and the relevant Departmental Circular and the terms of the sick pay policy require her to attend the company doctor when absent from work and requested to do so.
3.The Worker was treated fairly at all times.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court upholds the Rights Commissioner’s Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
4th June 2014______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.