ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001671
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
Date of Adjudication Hearing: 18/04/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
I have to go sick leave through surgery on Spain 23/11/2015. I gave my certificate from Doctor to my employer on the 17/11/2015. also a letter from surgeon in Spain. Human resources emailed me telling me that I will get company pay for 15 days as per contract of employment but that I must keep them updated on a weekly basis. HR never mention I must bring weekly sick cert not even when I emailed her to keep update one week after my surgery till I got a letter from HR on the 14/12/2015 saying that I need to bring weekly certs. On the 14/12/2015 I must attend Doctor for medical check up and unfortunately need to go through surgery again. I gave to my employers a certificate thats says I need to go through surgery once again on the 02/01/2015 also a letter from surgeon. On the 31/12/2015 that is when we get paid I didn't get paid nothing for December. On the 10/01/2016 I comeback from Spain after my surgery and attend to my Doctor for check up. I request my Doctor weekly certificates from far as November 2015 till 27/01/2016 and today 29/01/2016 I suppose to get paid and again I didn't get the sick pay that employer said I will get. I do understand that On December I did not follow company procedures because I wasn't being informed correctly but I did my best to keep always updated. But January payment should have been paid to me as they have weekly certs from 13/01/2016. This whole thing have caused me significant anxiety and grief and financial distress when I have to been resting and caring myself after all the post operative process. I cannot pay rent or even deal with my living costs witch I have budgeted for in the belief that I will receive sick pay.
Respondent’s Submission and Presentation:
As the Complainant did not attend the hearing and no explanations were received the Respondent’s submission was not opened.
Section 41(4) of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of those Acts.
Issues for Decision:
Payment of Wages Act, 1991
Legislation involved and requirements of legislation:
Payment of Wages Act, 1991
Claim was not well founded for want of prosecution. Claim dismissed.
Dated: 28th July 2016