Complainant

Respondent

Parties

Patricia  Murray

Health And Safety Authority (HSA)

Representatives

  In person

 Internal HR

Act

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

CA-00073055-001

02/07/2025

The complaint was submitted to the Workplace Relations Commission on 2nd July 2025 and relates to the incorrect classification of the complainant’s absence following a road traffic accident on 17th December 2024.

The adjudication hearing commenced on 4th December 2025 with initial submissions from both parties in respect of the core issues of the complaint and the existence of a mediation settlement agreement previously concluded between the parties relating to the cessation of the complainant’s employment.

The respondent stated that both parties entered a mediation process in October and November 2024 that culminated in the signing a mediation agreement in respect of the complainant’s employment.

The respondent stated that the mediation agreement provided for:

“full and final settlement of any and all claims PM may have now or in the future as they may apply to her employment with the HSA.”

The respondent concluded its preliminary submission that, by virtue of the mediation agreement, the adjudication officer does not have jurisdiction to hear the complaint.

The complainant confirmed at the adjudication hearing that she remains satisfied with the mediation settlement agreement and has no issue with its contents. The complainant stated that her referral is not a claim but instead relates to a statutory entitlement relating to sick leave. The complainant is seeking that her leave is reclassified as sick leave from the date of the road traffic accident (17th December 2024) until her retirement on 17th March 2025. The total of the outstanding claim is seven weeks of sick leave at full pay from 17th December 2024 until 5th February 2025 and a further five and a half weeks of sick pay at half rate from 6th February 2025 until 17th March 2025. The complainant argues that the mediation agreement does not prevent her from seeking to have her period of absence reclassified as sick leave.

The adjudication hearing of 4th December 2025 was adjourned to consider the initial submissions of the parties and the issue of jurisdiction because of the existence of the mediation settlement agreement. Both parties were informed that the hearing would be reconvened if necessary or an adjudication decision would issue to the parties if it were found that no jurisdiction existed to hear the complaint. Both parties accepted this approach.

On the jurisdictional point, I note the opposing positions of both parties in respect of the mediation settlement agreement and the jurisdiction of the adjudication services to hear the complaint. The complainant does not see any issue with the matter being heard as it relates to a statutory entitlement relating to the classification of sick leave. The respondent’s position is that the mediation settlement agreement provided for:

 “the full and final settlement of any and all claims PM may have now or in the future as they may apply to her employment with the HSA.”

I further note the position of the complainant that she is satisfied with the mediation settlement agreement and its contents. There were no issues raised at the adjudication hearing in relation to the mediation agreement or the manner that it was negotiated and presented to the complainant and her acceptance of same. The mediation agreement also provided that the complainant was not required to attend work beyond 6th December 2024 but remained an employee until her retirement date for the purpose of pensionable service accrual. While it is unfortunate that the complainant’s circumstances changed shortly after the signing of the mediation agreement and after the date that she was no longer required to attend work, the terms of the mediation settlement agreement are clear and unambiguous and provides that it is in full and final settlement of any and all claims relating to the complainant’s employment. On that basis, I find that I do not have jurisdiction to hear the complaint.

For the reasons stated above, I find that I do not have jurisdiction to hear the complaint.

Mediated settlement agreement