LCR23160

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00044767 (CA-00054825-001 IR-SC-00001067)

BACKGROUND:

The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 12 December 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 5 December the Adjudication Officer issued their Recommendation. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 8 July 2023

in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 4 July 2025.

RECOMMENDATION:

This is an appeal by the HSE of an Adjudication Officer’s recommendation in relation to a complaint made by a worker under the Industrial Relations Act, 1969.

The worker contracted the Covid 19 virus in December 2020 and was absent from work until 18 March 2021. That absence was recorded as Special Leave with Pay. She returned to work in March 2021 on a phased basis.

On 12 May 2021 the worker was signed off as unfit to attend work. She was under the care of a Long Covid Specialist during this period. She returned to work on 30 August 2021, again on a phased basis.

The worker lodged a grievance seeking the classification of her sick leave period from 12 May 2021 to 29 August 2021 as Special Leave with Pay.

The HSE acknowledges that the worker has suffered a series of unfortunate circumstances.  It submits that the worker did not meet the criteria for payment of Special Leave with Pay as set out in the relevant Circular applicable at that time. While acknowledging the difficult circumstances that the worker found herself in, the HSE submits that, as with any scheme in the public service, an employee must meet the criteria for eligibility for a scheme in full.

At the hearing SIPTU confirmed to the Court that it recognised and accepted that the applicable HSE Circular’s were applied correctly, having regard to the facts in this case.  For its part, the HSE recognised and accepted that the workers’ grievance was not dealt with correctly in a timely manner.

The Court has given careful consideration to the written and oral submissions.

Having regard to the very specific circumstances of this case as outlined at the hearing, and in particular the handling of the worker’s grievance by the employer, the Court recommends the worker (i) retains the award element as recommended by the Adjudication Officer and (ii) as a gesture of goodwill, the worker be granted seven days leave (which may be taken or paid in lieu).

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
AR	______________________
15 July 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Mr Aidan Ralph, Court Secretary.