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Labour Court recommends €1,250 payment to worker in sick-pay dispute

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court recommended that Tusla Child And Family Agency pay a worker €1,250 to settle a dispute over access to sick pay after her Serious Physical Assault Scheme benefit ended. The recommendation was dated 13 May 2016. The worker, represented by the Services Industrial Professional Technical Union (SIPTU), appealed an Adjudication Officer’s recommendation denying her claim for remaining sick pay. Tusla said the scheme payments were withdrawn after she did not return to work as advised by its occupational health physician. SIPTU disputed the medical assessment and argued that sick pay remained due. The Court noted differing views about her readiness to return to work and her prior use of sick leave. It recommended a payment as a goodwill gesture and in full and final settlement, without prejudice to either side.

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