INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY INMO)
Chairman: Mr Duffy
Employer Member: Ms Cryan
Worker Member: Ms Tanham
1. Appeal of Rights Commissioner's Recommendation r-144768-Ir-14/EOS
2. This case is an appeal by the worker of Rights Commissioner's Recommendation r-144768-Ir-14/EOS. The issue concerns sick leave entitements. Specifically the worker is seeking to have a period of sick leave expunged from her record on the basis that the period of sick leave was caused as a result of work place stress. Management contends that sick leave is recorded in line with agreed policies and procedures and there is no facility within those procedures to concede to the workers claim. The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 17th December 2014. On the 27th January 2015 the Union appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 15th April 2015.
3 1 The period of sick leave in question was caused as a result of interpersonal difficulties within the employment. As a result the worker is justified in seeking that this work related illness should not be regarded as sik leave for the purposes of the sick pay scheme.
4 1 It is not possible for management to amend the terms of the sick pay scheme as sought by the worker. The sick leave in question must remain on the worker's file in line with the provisions of the Sick Pay Scheme that applies to all staff
It is clear that the sick pay scheme applicable to the Claimant and the HSE makes no provision for the discounting of sick leave in the circumstances pertaining in this case.
In these circumstances the Court can find no basis upon which it could interfere with the conclusions reached by the Rights Commissioner.
The appeal is disallowed and the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
8th May 2015______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.