HSE Mid West v Michael Power [2016]

Posted In: Case Law
  • Decision Number
    Determination No. PWD169
  • Legal Body
    Labour Court
  • Type of Claim / Jurisdiction
    Sickness and Absence, Pay and Conditions of Employment
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 7(1), Payment of Wages Act, 1991; Sick Pay

This case concerned the alleged wrongful denial of sick pay. The complainant was absent from work for 6 weeks and submitted medical certificates for one week during this period, with the remaining medical certificates submitted on his return to work. Despite this certification he was denied payment under the sick pay scheme. The Court acknowledged that the employee failed to comply with the company's submission policy and the appeal failed. However the Court noted that best practice indicates that employers should make reasonable efforts to maintain contact with an employee while on certified

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This article is correct at 03/06/2016
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