LCR23297

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00053660 (CA-00065484, IR-SC-00003013)

BACKGROUND:

The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 14 July 2025 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 1 July 2026.

DECISION:

The Dispute

This dispute concerns the application of Garda Code 11.37.

The Garda on whose behalf the dispute was referred under section 13 of the Industrial Relations Act 1969 (‘the Worker’) was involved in a road traffic collision in 2020 while driving an official marked vehicle. He suffered neck and shoulder injuries and, as a consequence, was absent from work for fifteen months. That absence was certified as injury on duty under Garda Code 11.37. The Worker commenced a phased return to work on 15 September 2021.

In August 2023, the Worker underwent surgery on his right shoulder and was absent from work for recuperation until 31 December 2023. Although he resumed full duties on 1 January 2024, he had been placed on half pay for ten weeks until 17 January 2024 as his absence from August to December had been treated as ordinary illness. The Garda maintains that as his August 2023 surgery was necessary because of the 2020 injury, the period of absence that followed the surgery should be certified as injury on duty rather than ordinary sick leave.

Management’s position is that there can only be one 11.37 certificate provided in respect of any one incident and the issue of whether that original certificate can apply to a subsequent absence is a matter for medical advice. It is submitted by Management in this case that, as the Chief Medical Officer did not make a finding that there was a causal connection between the injury the Worker sustained in 2020 and the August 2023 surgery, it was not in a position to pay sickness absence as injury on duty.

Decision

The Worker’s complaint, at its core, is that Management did not adhere to the decision-making process provided for in Code 11.37. The Court, therefore, recommends that the Worker resubmit his claim that his period of absence following his surgery in August 2023 be classified as continuation of his original period of 11.37 injury on duty absence.

The Court so decides

	Signed on behalf of the Labour Court
	Alan Haugh
AM	______________________
06/07/2026	Deputy Chairman

NOTE

Enquiries concerning this Determination should be in writing and addressed to Ms Áine Maunsell, Court Secretary.