HSE South East v A Worker [2016]

Posted In: Case Law
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Absence and Sickness, Pay
Issues covered: Industrial Relations Acts 1946 to 1990; Section 13(9); Industrial Relations Act 1969; Sick Pay

This claim concerned the withdrawal of sick payments to the complainant after 5 months. However, following an occupational health assessment and a subsequent request for the complainant to attend a meeting with her line manager these payments ceased.

The Court held that the removal of the sick payments did not equate to a disciplinary sanction. However, the Court felt that the situation which subsequently arose was unsatisfactory as the worker was deprived of sick pay for 6 months as she had genuine concerns about attending the meeting without being accompanied. As a result the Court ordered that she be restored to the sick pay scheme for the latter 3 months.

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This article is correct at 03/06/2016

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